formal comments to the Board's proposed rule. - SEIU

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Moreover, as employer representatives repeatedly pointed out at the hearing on the proposed rule, in the vast majority of cases employers are able to stipulate to an election without the need for a hearing. The proposed rule further narrows the situations where a hearing would be called for since hearings often involve questions of eligibility of fewer than 20% of the employees. We suggest that the email subject line, the fax cover sheet, or the envelope containing a notice of hearing be marked “urgent” to assure its prompt review. 3. Employer Posting of Initial Notice to Employees of Election We believe that it is reasonable for employers to be required to immediately post the initial notice to employees and to distribute it electronically where the employer normally communicates with its employees in this manner. We note that the Casehandling Manual currently provides in the initial notice to the employer that the region “requests” that the employer post an enclosed notice to employees that sets forth a description of employee rights and protections. makes mandatory what has been requested of employers for years. 4. Employer Statement of Position 85 The proposed Rule provision simply Proposed Rule 102.63(b) provides for an Employer Statement of Positions to be served by the time and date specified in the notice unless the date is the same as the hearing date. We believe that it will facilitate the entry into election agreements, and save Board resources, if the employer is required to serve its position statement and accompanying employee list at least one full day prior to the scheduled commencement of the hearing. This will allow the petitioner to evaluate its own unit position in light of that of the employer and to check prior to the hearing regarding the eligibility of various employees. 5. Submission of Post-Hearing Briefs We are in agreement with the Board’s preliminary view that post-hearing briefs are not needed in every representation case and that the parties can generally fully and fairly summarize their positions through closing oral argument. We believe, however, that hearing officers should have guidence as to when the filing of brief should be permitted. Accordingly, we recommend that the Board provide in Rule 102.66(h) the briefs may be filed “only upon special permission of the hearing officer and for extraordinary circumstances,” and that the hearing officer’s discretion to permit briefs be limited to a maximum number of 14 days. 85 Casehandling Manual §10009.2. 6. Issuance of Decision and Direction of Election 20
We believe that the ability of the regional director to issue a direction of election prior to the issuance of a decision, as contemplated by proposed Rule 102.67(b) can be instrumental in facilitating the conduct of a timely election. Refinement of the factors to be taken into account in determining the earliest date practicable for the holding of an election is, in our judgment, best left to development through R-case Board decisions. 7. Service of Voter List Proposed regulations §102.62(d) and 102.67(j) require the employer to provide a voter list than the current seven days — the regional director’s election agreement approval or election direction. This advances the proposed regulations’ purpose of decreasing the time from petition to election. However, this purpose may be further advanced by requiring a preliminary eligible voter list within two days of the petition’s filing. A two day post-petition requirement would, in within two days — rather many cases, render unnecessary the time for the union’s use of a list post-agreement or post-direction, now a mandatory 10 days. after 86 Additionally, early list receipt would assist the union in negotiating an election agreement. Specifically, if the employer insists that a group of employees be explicitly included or excluded, the union frequently needs to be able to contact the employees at issue to better determine employee unit placement, which earlier provision of the voter list would greatly facilitate. Under current practice and the proposed regulations, the employer is and will continue to be required to produce employee lists early in the proceedings. Casehandling Manual §11025.1 provides that the employer “should be advised to submit a payroll list,” and is expected to supplement the list “[a]s the case develops and other unit contentions are made.” While the region uses this list to check the interest showing, it is not given to the union. The proposed rules would require the employer to provide the union with an employee list but only if a hearing is necessary; provided to the Regional Director only. 87 contact information would be We propose that the employer should include in the preliminary list employees’ contact information, and should provide the list to the union within two days of receiving the petition. Its failure to serve and/or file the list should be objectionable conduct. The regulations should assure the union that, in accepting an election agreement, it would not be bound by what the employer might place in its preliminary list. And, if the case goes to a pre-election hearing, the employer should be permitted to submit an amended preliminary list at the beginning of the hearing. With modern computer technology and electronic communication, the employer cannot reasonably contend that such timeframes are burdensome because, in most cases, it will simply involve the modification and updating of the preliminary list submitted along with its Position Statement pursuant to proposed Rule 102.63(b). 86 Casehandling Manual § 11302.1, 11312.1. 87 See Proposed Regulation §102.63(a)(1). 21
Page 1 and 2: I Stronger Together MARY KAY HENRY
Page 3 and 4: • one-on-one meetings with worker
Page 5 and 6: anti-union messages to subordinates
Page 7 and 8: C. Long delays and ineffective reme
Page 9 and 10: esidents and their families. Manage
Page 11 and 12: appropriate if there were a hearing
Page 13 and 14: The opposition has focused on those
Page 15 and 16: III. The Board’s Proposed Timelin
Page 17 and 18: and committed additional ULPs inclu
Page 19: incorporates this requirement and m
Page 23 and 24: that employers who customarily comm
Page 25 and 26: The requirement for prompt and comp
Page 27 and 28: they should be provided to the unio
Page 29 and 30: home address and the phone number i
Page 31 and 32: V. The Existing Blocking Charge Doc
Page 33 and 34: employee rights. described by one A
Page 35 and 36: F. The blocking charge policy shoul

formal comments to the Board's proposed rule. - SEIU

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