Tag Archives: baker & daniels

NLRB Developments This Week

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Here are a couple key developments from the NLRB within the last week. If you’re a business owner, prepare to be annoyed:

Mandatory Posting Requirement
The National Labor Relations Board decided Friday to delay the required posting date of its new NLRB posting yet again — this time until April 30, 2012 (it was previously January 31, 2012). The NLRB’s web site reports:

  • The National Labor Relations Board has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule. The Board’s ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date is April 30, 2012.

Rules Regarding Union Elections
Baker & Daniels reports: 

The National Labor Relations Board (Board) has formally adopted a final rule that will expedite the pre-election process and limit the post-election process in union representation cases. The rule will be published in the Federal Register on December 22, 2011, and is due to take effect on April 20, 2012.

As we previously informed you, the Board enacted this rule, which will significantly impede an employer’s right to communicate with its employees and petition the government for redress, while faced with the prospect of losing its quorum at the end of 2011. The rule focuses primarily on union representation cases in which parties cannot agree on issues such as whether the employees the union seeks to represent are an appropriate voting group. It significantly changes existing procedures in these types of cases by limiting the issues to be determined in the pre-election process and precluding pre-election review of regional office decisions in most cases. This rule will likely mean that elections are held in a much shorter timeframe.

It is expected that a variety of pro-business advocacy groups will pursue litigation in an attempt to overturn the new rules.

Unions will most likely be emboldened by the Board’s action, and it may spark an increase in union organizing. To remain union free, it is increasingly important for employers to focus on positive-employee relations and supervisory training.

Wise Comments About Workforce Report

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When the Indiana Chamber Foundation released its Workforce Wise report last week, it invited Mac Parker and Martha Lamkin to the event to add some perspective. Neither disappointed. Their personal stories are symbolic of the entire study — taking advantage (both on the job and in the community) of the experiences and passions of the Baby Boomer generation.

A few of their insights and comments:

  • Parker, an attorney with Baker & Daniels for more than 50 years, brought with him nearly 20-year-old magazine clippings broaching this same subject — the consequences of an aging workforce. While the tendency then was to "push this back" and "talk about that tomorrow," Parker emphasized that "tomorrow is here now."
  • He noted the dramatic difference in 75 million Baby Boomers and 25 million members of Generation X.
  • Finally, Parker said he was glad to see attention to the subject of what communities can do for potential retirees, describing that group as "very desirable new residents."

Lamkin has enjoyed a long and successful career in education-related issues, philanthropy and community involvement. She sees tremendous value in not forgetting about older Hoosiers both in the workplace and in society.

"Employers need to value this mature, reliable element of the workforce. We want to keep those persons engaged in the workplace and in a mentoring role," she says. "I also encourage every person to be engaged in community life. For older adults, it’s personal fulfillment, an opportunity to own our community responsibilities."

Helping educate young people is one of those areas of responsibility. While sons and daughters may have already passed through the education system, older Hoosiers can still, Lamkin explains, "run for the school board, mentor students, be part of booster organizations," and in the big picture, simply be a "positive influence in students’ lives."

The Workforce Wise web site has the latest report, as well as other informative studies. Lamkin and Mark Lawrance, the Chamber VP who oversaw the study over the past year, will appear on Inside INdiana Business with Gerry Dick to discuss the latest. See when the show airs in your area (during Christmas week).

Demystifying What the Stimulus Could Mean for Your Company

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Trying to figure out how your organization can take advantage of all that federal stimulus money? Join the crowd.

The Indiana Chamber has developed a page linking to a variety of federal and state government resources. It’s a start. But you need more help? Understandable.

We are partnering with Baker & Daniels law firm to present a full-day seminar with a somewhat imposing name — The Stimulus Business: Business Opportunities in the American Recovery & Reinvestment Act. But the May 20 conference at the Hyatt Regency will simplify the complexities of the funds emanating from Washington and offer insights that you can use.

The full agenda is still being developed, but you can learn more and register today.

Three Mistakes to Avoid in a Sluggish Economy

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ELH

1. Hiring too quickly. Poorly chosen new hires cost your company both time and money. Consider trying out new people as contractors before hiring them as regular employees. See Chapter 7: Independent Contractors and Temporary/Part-Time Employees

2. Just paying everyone a salary. Who wants to deal with timecards and calculating overtime pay? Under law, certain employees who don’t qualify for an exemption are entitled to overtime pay, and can’t agree to forego overtime pay in exchange for receiving a salary. Additionally, hourly rates of skilled workers are often comparable with those of full-time staff in the same position. See Chapter 14: Wage and Hour Requirements

3. Thinking you don’t need to spend the time and money on harassment training for all staff. A study estimated that it is 34 times more expensive for employers to ignore workplace harassment than it is for them to establish effective programs and policies to minimize harassment in the workplace. See Chapter 24: Workplace Harassment

The Indiana Chamber’s newly released Employment Law Handbook (Sixth Edition) contains guidance on nearly every issue an Indiana employer needs to know about. From discrimination to post-hire employment policies to benefits to worker’s compensation, you’ll find guidance in this publication.