December 30, 2011
National Labor Relations Board Amends Election Process
by Jim Guttmann, SPHR
Although Unions were not successful in getting Congress to pass the Employee Free Choice Act (EFCA), the National Labor Relations Board (NLRB) recently stepped forward to issue final rules that may have a significant bearing on union organizing efforts. The final rule, effective April 30, 2012, amends the Board’s election procedures. The NLRB’s stated purpose for this change in election procedures is to reduce unnecessary litigation and delays in the representation election process. For an overview of these procedural changes, click here
Why are these procedural changes significant? Under the old procedures, the median period of time from when a union filed a petition for representation at a given worksite to the subsequent election by employees took 38 days. Under the new procedures, most directed elections will occur within 15-20 days of the date of the petition.
Some employers (and the U.S. Chamber of Commerce) are opposed to this significant shortening of the “campaign period” because they believe that it doesn’t afford companies enough time to tell their side of the story to employees as to why they don’t need a union to represent them. They are disturbed by this NLRB initiative and have referred to this new ruling as the “ambush election rule”. Efforts are already underway by some organizations to block the new regulation from going into effect on April 30th.
We will keep you apprised as to how this situation plays out in the months ahead.
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- Jim Guttmann, SPHR
As a Landrum Professional Human Resources Manager, Jim is certified as a Senior Professional in Human Resources (SPHR) and has over 20 years of HR generalist experience for a large government contractor and Fortune 500 Company. He holds a Masters in Business Administration from Florida State University and is an active member of the Greater Pensacola Chapter of the Society for Human Resources Management (GPCSHRM), previously serving as their Vice President of Information Services and Chairman of the Workplace Diversity Committee. Jim is also certified as a County Mediator and in the administration of the Myers Briggs Type Indicator (MBTI).
NLRB Poster Requirement Delayed
by Jim Guttmann, SPHR
Several months ago we notified our clients of a new notice-posting requirement by the NLRB (National Labor Relations Board), mandating that employers post a Notice of Employee Rights. For the second time, the deadline for posting this notice has been postponed and the new posting date is April 30, 2012. According to the Board’s press release, this further postponement gives the Board the opportunity to “facilitate the resolution of…legal challenges.”
Once resolved, we will notify you and if needed, forward the required posters to each of our clients. The NLRB has mandated that the notice be put on an oversized 11 x 17 poster.
If you have any questions, please feel free to call Landrum and discuss with your HR manager.
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- Jim Guttmann, SPHR
As a Landrum Professional Human Resources Manager, Jim is certified as a Senior Professional in Human Resources (SPHR) and has over 20 years of HR generalist experience for a large government contractor and Fortune 500 Company. He holds a Masters in Business Administration from Florida State University and is an active member of the Greater Pensacola Chapter of the Society for Human Resources Management (GPCSHRM), previously serving as their Vice President of Information Services and Chairman of the Workplace Diversity Committee. Jim is also certified as a County Mediator and in the administration of the
Filed under: Human Resources, Risk Management | Tags: Holiday Office Party, Holiday Safety, Human Resources, US Department of Labor
December 7, 2011
Send Your Employees a Safe and Sober Message about Office Parties and Drinking – Know When to Say When
Source: U.S. Department of Labor
For many organizations, office parties are an important part of celebrating the holiday season and other special events. Office parties typically mean lots of music, food and drinks. If the drinks include alcohol, however, office parties can have very unfortunate consequences.
Opinions vary regarding the appropriateness of making alcoholic beverages available at office parties or other company-sponsored events. Ignoring the possibility that some employees or guests may drive home “under the influence” invites trouble.
Improper use of alcohol may expose you to liability under tort, workers’ compensation or other laws. For example, an employer could be held liable if a person consumes alcoholic beverages at a company-sponsored party and subsequently causes a crash. Some employers have been held liable because negligent acts by employees under the influence of alcohol consumed at employer-sponsored events were found to be within the scope of their employment. In other cases, individuals have been held liable merely because they provided alcohol to social guests. In addition, many “sexual harassment” cases have arisen from the conduct of employees under the influence of alcohol.
The only sure way to avoid potential liability for alcohol-related crashes or conduct is to not make alcohol available. Moreover, let your employees know they are not to bring any alcoholic beverages to an office party.
However, if you do decide to provide or allow alcoholic beverages at an office event, state laws regarding their use and resulting employer legal responsibilities should be consulted and addressed. Also, there are several measures you can take in attempt to minimize any negative consequences of alcohol consumption:
- Be honest with employees. Make sure your employees know your workplace substance abuse po
licy and that the policy addresses the use of alcoholic beverages in any work-related situation and office social function. - Post the policy. Use every communication vehicle to make sure your employees know the policy. Prior to an office party, use break room bulletin boards, office e-mail and paycheck envelopes to communicate your policy and concerns.
- Reinvent the office party concept. Why have the typical office party? Try something new like an indoor carnival, group outing to an amusement park or volunteer activity with a local charity.
- Make sure employees know when to say when. If you do serve alcohol at an office event, make sure all employees know that they are welcome to attend and have a good time, but that they are expected to act responsibly. Limit the amount of alcohol an employee can have.
- Make it the office party of choice. Make sure there are plenty of non-alcoholic beverages available.
- Eat…and be merry! Avoid serving lots of salty, greasy or sweet foods which tend to make people thirsty. Serve foods rich in starch and protein which stay in the stomach longer and slow the absorption of alcohol in the bloodstream.
- Designate party managers. Remind managers that even at the office party, they may need to implement the company’s alcohol and substance abuse policy.
- Arrange alternative transportation. Anticipate the need for alternative transportation for all party goers and make special transportation arrangements in advance of the party. Encourage all employees to make use of the alternative transportation if they consume any alcohol.
- Serve none for the road. Stop serving alcohol before the party officially ends.
This information provided by the US Department of Labor is not intended to be a substitute for legal advice and should not be regarded as a guarantee against liability.
Source: U.S. Department of Labor
