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TRUMP LABOR BOARD PROPOSES EMPLOYEE FREE CHOICE ELECTION PROTECTIONS

American Wkrs

In the middle of August, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking to amend Part 103 of the NLRB’s Rules and Regulations. The proposed amendment, published in the Federal Register, seeks public comment on amendments that will provide better protection to employee election rights to have a free choice on whether to be represented by a union for collective bargaining with employers.  Three amendments are proposed:

  1. Blocking Charges: The amendment seeks to replace the current blocking charge policy with a “vote-and-impound” procedure.  Elections would no longer be blocked by pending unfair labor practice charges, perhaps for years.  Rather, the amendment would provide for voting, and the ballots would be impounded until the unfair labor practice charges are resolved.
  2. Voluntary Recognition Bar: The Board proposes returning to the rule of Dana Corp. (2007), which provides that for voluntary recognition to bar a subsequent representation petition-and for a post-recognition collective-bargaining agreement to have contract-bar effect- the unit employees must receive notice that voluntary recognition has been granted, and provided a 45-day open period within which to file an election petition.
  3. Section 9(a) Recognition in the Construction Industry: The rule amendment proposes changes in the construction industry, where less-than-majority employee support bargaining relationships established under Section 8(f) cannot bar petitions for a Board election.  To bar an election based upon an alleged Section 9(a) relationship, positive evidence of majority employee support will be required, and cannot be based on contract language alone, overruling Staunton Fuel (2001).

Board Chairman John F. Ring stated: “There are few more important responsibilities entrusted to the NLRB than protecting the freedom of employees to choose, or refrain from choosing, a labor organization to represent them, including by ensuring fair and timely Board-conducted secret ballot elections. We believe that the changes we propose today further the goal of protecting this vital freedom.”

Public comments must be submitted within 60 days of the Notice’s publication in the Federal Register.  Please contact Spognardi Baiocchi, LLP if you would like to retain the firm to submit comments on behalf of your organization.

Contributed by guest author:  Spognardi Baiocchi LLP, a law firm dedicated to partnering with companies of all sizes to find solutions for labor, employment, human resources, and general business needs.  www.psb-attorneys.com.

WageWatch offers accurate, up-to-date benefit surveys, salary surveys and pay practice data that will allow you to stay current with the times.  This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards.  For more information on our services, please call WageWatch at 888-330-9243 or contact us online.

Posted in Regulatory & Legal Updates on August 27th, 2019 · Comments Off on TRUMP LABOR BOARD PROPOSES EMPLOYEE FREE CHOICE ELECTION PROTECTIONS

2019 U.S. HOTEL CORPORATE EXECUTIVE COMPENSATION SURVEY–NOW AVAILABLE

Execs

WageWatch conducted a National 2019 U.S. Hotel Corporate Executive Compensation Survey.  Participants invited to participate in the survey included WageWatch U.S. Hotel Survey Customers as well as other U.S. Hotel Companies.

The final report is NOW AVAILABLE for purchase.  The price of the report is $1,000, with a 50% discount to WageWatch Survey Customers.  Survey respondents received a complimentary copy of the report in exchange for their participation.

The report is designed to provide you with current and credible compensation information for Senior-Level Executives.  It is a useful tool that provides valuable information when making investment decisions tied to attracting and retaining high-performing executives.  The survey report includes Hotel C-Suite, top Executive positions in all disciplines, and Regional Executive positions.  All compensation elements were included in the survey i.e., base pay, incentives, stock, medical, and retirement benefits.  Participant and proxy data included in the report is based on a total of 31 U.S. Hotel Companies.

The data in the report complies with DOJ anti-trust regulations.  Compliance includes the information being aggregated to protect the identity of the underlying sources, and sufficient sources are aggregated to prevent competitors from linking specific data to an individual source.

WageWatch appreciates the opportunity to serve its customers across multiple industries including hospitality, gaming/tribal gaming, healthcare, golf course/country club, and higher education.  Since 2001, our customers rely on WageWatch to provide them with consistent, reliable, and up-to-date compensation survey statistics for their industry on a local, regional, and national level.

To receive a copy of the report, contact us by phone:  888-330-9243, or by email:  custserv@wagewatch.com.

EFFECTIVE NEW HIRE ORIENTATION

New Hires

An employee’s experience during their first few days will affect the rest of their tenure.  It is critical, to begin with an effective, positive, and fun new hire orientation for the future success of your new employees.  Even before the employee’s hire date, you can make a positive impact with a call to the employee two or three days before their start date, welcoming them, letting them know what time to arrive, and what they can expect during their first day and first week on the job.  Studies show that a well-planned orientation can contribute to the length of employment, better work attitudes, more effective communication, and fewer mistakes.  Your new hire orientation is your chance to set a positive tone for a long-lasting and mutually beneficial relationship.

A new hire’s early experience is highly influenced by his peers, managers, subordinates, HR team members, and the organization’s top management.  Ensure that new hires are welcomed by their team members.  Plan a welcome breakfast meet and greet for their first morning on the job.  The new hire’s immediate supervisor should schedule daily meetings with the new employee at least for the first week, then at least weekly for the first month or two.  Schedule informational meetings with key people in the department and in other departments to provide the new hire with the general knowledge that they will need to perform their job.  Include an office tour in the orientation process that includes introductions.  Be sure to include introductions to top Executives, Human Resource personnel as well as receptionists, administrative assistants, and copy/mail room attendants.

An effective orientation program will put emphasis on the new employee, their individuality and what they have to offer rather than focusing solely on the company’s culture and how the new employee can fit in.  You are probably hiring in part to get new ideas into the organization.  Make sure to capitalize on that.  Make your orientation meetings fun and be sure to provide a meal or at least snacks.  Keep it interesting and not too long.  Too much information will be boring and will not be retained.  Orientation should reflect culture through interactive activities.  One way to make it memorable is to present the company’s goals, mission, and values in an activity form rather than simply providing the information.  Allow the new hires to get to know each other on a personal basis, not just professional – go around the room and have them tell one professional and one personal thing about themselves.  You can also turn this into a game by writing one thing about each person on a piece of paper.  In the end, state items one at a time, out of order, and have people guess who said what.

Promote communication with a team-building activity such as learning the employee handbook through a scavenger hunt.  For example, divide the orientation group into teams and see which team can answer the most handbook questions in a set amount of time.  Cover company ethics to let them know what is expected, and also include ‘unwritten rules’.  Don’t end there!  After orientation, schedule follow-up meetings with each new hire to elicit their feedback and answer any follow-up questions they may have.

Don’t forget the basics.  Provide them with all the office supplies they will need to start their job, include contact information they will need.  And let them know how to get additional office supplies.  Teach them how to use the phone, how to forward calls, set up and change voice mail, and how to do a conference call.

Today, many companies are adding programs such as flex-time, telecommuting as well as accommodating and encouraging alternative work styles in an effort to provide a work environment where employees are happier and thriving.  Therefore don’t neglect or underestimate how impactful beginnings are, and provide your new hires with an orientation program that is effective and unique to your company and its culture.

Implementing the above suggestions will help your company to build a culture that encourages the retention of employees, which in turn will attract top talent.  In addition to providing a great work environment that respects employees and provides opportunities for learning and growth, it is also important that they receive a solid compensation and benefits package.  At WageWatch we offer accurate, up-to-date benefit survey data, market compensation data and salary reports that will allow you to stay current with the times.  This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards.  For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online.

PREGNANCY DISCRIMINATION STILL HAPPENING AND STILL ON THE EEOC RADAR

Pregnancy - Work

You would not think this would still be an issue in today’s day and age, but it is!  The EEOC has recently settled two cases in August against employers (one in Florida and one in Arizona) for discriminating against women who were pregnant.

In the Arizona matter, Matrix Medical, a  nationwide health care company headquartered in Scottsdale, Arizona, found itself in trouble with the EEOC after it rescinded a job offer to a candidate within a week of finding out she was pregnant.  Matrix will pay $150,000 and issue a letter of apology to the individual.  Matrix is also required to review and revise its equal employment opportunity policies and its personal leave-of-absence policy to include a provision that pregnant employees may take leave during their first six months of employment.  As part of the settlement, it is also required to train its supervisors on Title VII and other anti-discrimination laws.

In another matter in Florida, the Glenridge on Palmer Ranch, an upscale retirement community in Sarasota, Florida failed to further interview an applicant for a position after asking her when she planned on having another baby.  Instead, Glenridge offered the position to another female, an older one for whom it did not believe would or could become pregnant.  Glenridge will pay $70,000, adopt and distribute an updated policy against sex discrimination, conduct annual training on sex discrimination for its hiring officials, and post a notice about the lawsuit in order to settle its matter with the EEOC.

This is a good reminder for employers to make sure that their hiring managers are asking appropriate, open-ended questions when interviewing candidates.  It is also a good time to remind those same hiring managers that he or she should not rely upon or use inappropriate information revealed during an interview to make a decision on hiring.

Contributed by guest author:  Spognardi Baiocchi LLP, a law firm dedicated to partnering with companies of all sizes to find solutions for labor, employment, human resources, and general business needs.  www.psb-attorneys.com

WageWatch offers accurate, up-to-date benefit surveys, salary surveys, and pay practice data that will allow you to stay current with the times.  This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards.  For more information on our services, please call WageWatch at 888-330-9243 or contact us online.

GET MORE OUT OF YOUR TURNOVER METRIC

Turnover

Most HR departments miss an opportunity when it comes to measuring and reporting turnover.  The goal of any HR metric is to provide information on how to improve the measured item.  As Peter Drucker said, “what gets measured gets done.”  Reporting turnover as simply a percentage of the workforce can be made more meaningful and more useful by diving down into the detail and adding data and information that quantifies the cost and provides insight on root causes and how to make improvements.  Some examples of this are:

  • Along with your company’s turnover rate, add the turnover rate of competitors, giving a baseline or something to compare against
  • Add the percentage of turnover that was top performers or top salespeople, the percent of turnover in each department and for each manager, the percent in high impact jobs and hard to fill jobs
  • Add the percentage of turnover in the first year of employment, which can be linked to possible employee dissatisfaction
  • Add how long it takes to fill positions, the recruitment cost of filling the positions, and how long before they are up to the minimum productivity level
  • Add exit interview information such as how many went to work for competitors and which competitors. Exit interviews may also indicate whether turnover was preventable, which may, in turn, provide managers with information needed for improvement
  • Add the dollar impact of lost sales where applicable, i.e., sales turnover, which can be directly linked to revenue and economic impact on the company

The involuntary turnover metric is also important.  It can indicate that the company is keeping low performers which can also be costly.  With this additional information, conclusions are now more easily drawn and the cost of turnover is more tangible (i.e., the cost of losing individuals in key positions is likely higher than losing individuals in low-impact positions).  If losing hard to fill jobs, the job market may be tight and replacing these employees could be expensive.   Losing individuals with strong reputations within the industry can impact stock analysts’ assessments of your firm.  It can also send negative signals throughout your firm and the industry, which can, in turn, lead to more turnover.

Some additional information that can be helpful when included with the turnover report, include:

  • Leading causes of preventable turnover
  • Satisfaction or frustration levels of those who left which could impact the company’s external image
  • Lowest turnover rates within the firm which can provide a target for managers to aim
  • The likelihood that the person that left will take others with them

Today’s world moves fast, and as an employer, you should constantly be monitoring and adjusting your business operations to meet the ever-changing wants and needs of your employees.  At WageWatch, we offer accurate, up-to-date salary survey reports and pay practice reports that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. For more information on our services, including market compensation data, benefits survey data and salary reports, please call WageWatch at 888-330-9243 or contact us online.