COLLECTIVE BARGAINING IN THE NEW ECONOMY: WHAT TO EXPECT AT THE - - PowerPoint PPT Presentation

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COLLECTIVE BARGAINING IN THE NEW ECONOMY: WHAT TO EXPECT AT THE - - PowerPoint PPT Presentation

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COLLECTIVE BARGAINING IN THE NEW ECONOMY: WHAT TO EXPECT AT THE BARGAINING TABLE IN 2013 THOMAS J. POSEY FRANCZEK RADELET P.C. CHICAGO, IL COLLECTIVE BARGAINING IN THE NEW ECONOMY Tom Posey Franczek Radelet P.C. - Chicago Represents

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COLLECTIVE BARGAINING IN THE NEW ECONOMY:

WHAT TO EXPECT AT THE BARGAINING TABLE IN 2013 THOMAS J. POSEY

FRANCZEK RADELET P.C. CHICAGO, IL

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COLLECTIVE BARGAINING IN THE NEW ECONOMY

  • Represents Hospitality Industry

Employers in Collective Bargaining, Arbitrations and NLRB Matters

  • Also Represents Employers in Federal

and State Litigation and Jury Trials

  • Named One of “40 Illinois Attorneys

Under 40 to Watch” in 2011

Tom Posey

Franczek Radelet P.C. - Chicago

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WHAT TO EXPECT AT THE BARGAINING TABLE IN 2013

COLLECTIVE BARGAINING IN THE NEW ECONOMY

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WHAT TO EXPECT AT THE BARGAINING TABLE IN 2013

 HOW DID WE GET HERE?  NAVIGATING THE NEW LANDSCAPE  MOVING FORWARD – WHAT TO EXPECT IN 2013 AND BEYOND  MULTI-EMPLOYER BARGAINING – ADVANTAGES AND PITFALLS

COLLECTIVE BARGAINING IN THE NEW ECONOMY

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 The Recession  The New NLRB

HOW DID WE GET HERE?

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HOW DID THE RECESSION AND THE NEW NLRB IMPACT EMPLOYERS’ 2009-2012 NEGOTIATIONS CASE STUDY: Hotel Negotiations with UNITE HERE

  • Several Common Themes Across The Hospitality

Industry

  • Similar Contract Language
  • Shared Goals And Parallel Bargaining Strategies
  • Union’s Approach To Bargaining Indicative Of Larger

Trends

NAVIGATING THE NEW LANDSCAPE

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 Contracts Expired August 31, 2009  Major Chains In Simultaneous Negotiations In Multiple Cities  Union Negotiating With Each Company Individually  Single/Smaller Hotels Entered “Me Too” Agreements

2009-2012 NEGOTIATIONS

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 New Contract Term From September 2009 to August 2013

  • Negotiations Continued Through Mid-2011

And Some Agreements Were Not Executed Until 2012

 One Employer Still Has No Agreement  7 Months Until The Current CBAs Expire

2009-2012 NEGOTIATIONS

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 Reduction of Operating Costs Critical  Proposals Focused On:

  • Wages – Small Step Increases / Freezes / Reductions
  • Health Insurance – Start Employee Contributions
  • Scheduling – Reduce Overtime
  • Subcontracting
  • Workload Restrictions

 Information Requests – Open the Books

MANAGEMENT’S APPROACH

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 Strategy - National Focus  Successorship  Subcontracting  Single Employer Bargaining  Other Tactics UNION’S APPROACH: SETTING THE STAGE FOR 2013

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Strategy - National Focus

  • Coordinated Efforts in Multiple Cities
  • Scheduling Delays
  • Tentative Agreements

UNION’S APPROACH: SETTING THE STAGE FOR 2013

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Successorship

  • Require Purchasers and Management

Companies to Assume CBA

  • Extend Obligation to Affiliated Companies

UNION’S APPROACH: SETTING THE STAGE FOR 2013

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Subcontracting

  • Using Non-Employees to Perform Work
  • Expand to Include Purchasing Products
  • Specialty Items
  • Wedding Cakes
  • Indian/Kosher Catering
  • Boxed Lunches

UNION’S APPROACH: SETTING THE STAGE FOR 2013

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Single Employer Bargaining

  • San Francisco Hotels Multiemployer Group
  • Hotel Employers’ Labor Relations

Association (Chicago)

  • Me Too Agreements

UNION’S APPROACH: SETTING THE STAGE FOR 2013

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Other Tactics

  • Press Conferences
  • Boycott Lists
  • Flash Mobs
  • Social Media

UNION’S APPROACH: SETTING THE STAGE FOR 2013

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Other Tactics

  • Press Conferences
  • Boycott Lists
  • Flash Mobs
  • Social Media

UNION’S APPROACH: SETTING THE STAGE FOR 2013

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WHAT TO EXPECT IN 2013

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Contract Provisions and Terms

  • “Catch Up” Wage Increases
  • Extended Contract Duration
  • Strong Successorship Language
  • National Strategy – Part II

WHAT TO EXPECT IN 2013

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Contract Provisions and Terms

  • Are Standard Agreements

the Next Step?

WHAT TO EXPECT IN 2013

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Making and End Run: Legislation

  • Providence, RI - Successor Ordinance
  • Cook County, IL – Housekeeper Breaks
  • Templates for National Efforts

WHAT TO EXPECT IN 2013

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Multi-Employer Bargaining

EMPLOYER STRATEGIES

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Multi-Employer Bargaining

  • Advantages
  • Risks and Pitfalls
  • Union Response

EMPLOYER STRATEGIES

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Legal Principles

  • Formation
  • Withdrawal
  • Individual Bargaining

MULTI-EMPLOYER BARGAINING

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Economics

  • Spread Costs Among the Group
  • Reduce Costs Related to Time Loss
  • Information Requests / Proposals

MULTI-EMPLOYER BARGAINING

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Strike Protection

  • Lockouts / Mutual Aid Agreements
  • Replacement Workers
  • Targeted Strikes

MULTI-EMPLOYER BARGAINING

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Achieving Bargaining Objectives

  • Information Sharing
  • Common Bargaining Strategies
  • Loss of Autonomy
  • Divide and Conquer Approach

MULTI-EMPLOYER BARGAINING

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Me Too Agreements

  • Minimal Costs
  • Get What You Pay For
  • Strike / Picketing Protection
  • Target On Your Back?

MULTI-EMPLOYER BARGAINING

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QUESTIONS?

COLLECTIVE BARGAINING IN THE NEW ECONOMY