The announcement of Senator Arlen Specter switching to the Democratic Party could potentially shed a completely different light on some pending legislation. In regard to the Employee Free Choice Act (EFCA), Senator Specter stated that even though he has switched to the Democratic Party, he does not intend to change his stance opposing the legislation in its current form. We should, however, consider the real possibility of a revised version of the bill, or at the very least, significant changes to the current National Labor Relations Act. In addition to potential impact on the EFCA, the switch also brings our attention to legislation dealing with workplace flexibility such as the Healthy Families Act and changes to Family Medical Leave.
What should employers do?
EFCA
Conduct a vulnerability audit. This type of audit is designed to identify areas in which your organization could be vulnerable to a union organizing campaign and will identify compliance issues with policies and programs. Typical areas that a vulnerability audit would examine are:
• Policies and Procedures
• Training and Development
• Benefits and Compensation
• Workers Compensation/Safety
Once these vulnerability and compliance issues are identified, an action plan should be developed to address these findings. In addition to the vulnerability audit, employers should provide training to their supervisors and managers. Some topics to include:
• Signs and warnings of a union campaign
• What do authorization cards look like and how do they work?
• What a supervisor can and cannot do to prevent unionization
Workplace Flexibility
It is widely expected that the Healthy Families Act will be introduced around Mother’s Day. This legislation requires an employer to provide paid sick leave to full- and part-time employees. It applies to public and private employers with 15 or more employees working 20 or more calendar workweeks in the current or preceeding year. It provides up to seven days of paid sick leave for full-time employees working more than 30 hours per week year round or 1, 500 hours in one year.
At this point, employers should begin to analyze their time off and benefit plans to determine what the impact would be and possible action steps. The language mentioned above is some of the language being discussed and could be modified before the Act is introduced.
The Family Leave Insurance Act amends and expands FMLA by:
• Lowering the qualifying number of employees from 50 to 25.
• Allowing up to 24 hours in a 12 month period for parental involvement and family wellness leave.
• Prohibiting more than 4 hours of leave during a 30 day period.
• Providing employee leave to participate/attend school or community sponsored activities of child or grandchild.
• Allowing employee leave to meet routine family medical needs of spouse, child or grandchild of employee or to care for elderly relatives, including visits to nursing/group homes.
Employers should consider analyzing their current FMLA practices. For employers that are in that 25-50 employee category, I recommend you familiarize yourself with the current FMLA law and monitor the progress of this Act.
If you have any questions regarding this information or need any assistance in conducting vulnerability audits or management/supervisor training, contact me at (330) 572-8049 or jim.krosky@bcgcompany.com
