Growing waves of protests over wages and other employment issues at fast food and retail companies are labor unions’ newest way to organize an untapped segment of American workers. Although strikes are often associated with labor unions, the workers involved in these strikes are not unionized – yet. Employers without unionized workforces can sometimes fall into a trap by disciplining or discharging employees who are engaged in protected, concerted activities. For employers, an ounce of protection is truly worth a pound of cure. Click through the webinar presentation to learn about the recent strikes, why they are occurring, and how to lawfully confront such activities before, during and after.

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LLP

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LLP
Agenda
 Update on recent strike/picketing activity
 Why is this happening?
 How is this happening?
 What can be done before it happens?
 What can be done while it is happening?
 What cannot be done either before during or after it
happens?

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LLP
Update on Recent Activity
 Black Friday Strikes in 2012 at Target, Walmart and
others to protest working on holidays.
 Strikes at Walmart over the course of 2012 and 2013 –
ruled unlawful recognitional picketing by the NLRB
and a settlement was reached.
 2013 Fast food strikes started in New York and then
spread to Chicago, St.
Louis, Detroit, Milwaukee, Washington D.C. and
Seattle.
 Repeat strikes in Washington D.C. in June of 2013.
 Lobbying efforts for higher living wage ordinances.

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LLP

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LLP
Who is Organizing the Strikes?
• Community leaders
• Religious leaders
• SEIU, UFCW, AFL-CIO, Change to Win

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LLP
"We are not going to rebuild the labor
movement solely through elections and
voluntary recognition by employers, no
matter how smart and strategic our
campaigns,"
"The AFL-CIO’s door has to be -- and will be
-- open to any worker or group of workers
who wants to organize and build power in
the workplace.“ Richard Trumka, President
AFL-CIO, March 2013

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LLP
Why This is Happening?
 Unions now represent
less than 7% of
private sector
workers.
 Unions have lost their
base membership as
manufacturing jobs
have moved
overseas, or to the
South.
 Unions need a new
base of membership
and the service
industry is the main
target because the
jobs cannot be
outsourced.

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LLP
Why This is Happening (cont’d)
 Unions have struggled to organize fast food workers
due to any or all of the following:
− High turnover among employees
− Low wages = low dues payments
− Low wages = employees cannot afford to give money
out of their check to a union
 If the strikes succeed in winning wage improvements
the Union’s can build on the success and seek to
organize.

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LLP
Why This is Happening (cont’d)
 Strikes create “buzz” and tap into the idea of
corporate greed at the expense of the poor and
uneducated.
 The strikes are a logical extension of the occupy Wall
Street movement.
 Media outlets such as the New York
Times, Washington Post and MSNBC are continuing
to cover the story and give it life.

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How Can This Happen?
 Section 7 of the National Labor Relations Act gives
most every private sector employee the right to
“engage in concerted activities for...mutual aid or
protection.”
 Accordingly, all employees have the right to act in
concert for their mutual aid and that action can take
the form of a strike.

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LLP
What Can be Done Now to Prepare?
 Create a strike plan
 How will you staff?
• Corporate response team?
• Management?
• Management from surrounding area?
 Draft Press statements
 Coordinate with delivery companies
 Contact with local law enforcement regarding safety concerns over
ingress and egress/noise ordinances
 Define property rights as property owner/lease holder
 Train management staff on how to handle, how to communicate
with staff regarding strike issues, etc.
 Communicate with staff regarding stance on unions, strikes, and
our pro-employee/associate philosophy

12. © 2013 Armstrong Teasdale
LLP
What Can You do During a Strike?
 Continue to operate
 Tell employees you hope they continue to work
 Hire replacements
 Staff with management from other locations
 Use management at that location
 Enforce your property rights
 Enlist help from law enforcement to protect the public
and enforce any noise ordinances

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What Can You NOT Do?
 Discipline employees for engaging in the strike
 Threaten to discipline employees to prevent them
from engaging in the strike
 Ask employees if they are going to strike or if others
are going to strike
 Photograph or video employees engaged in the
strikes unless it is to document property damage or
safety issues.

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LLP
What is Recognitional Picketing?
 Picketing where an object is to organize the
employees. Such an object can be determined in a
number of ways.
 Can picket for 30-days but then a petition must be
filed.
 This is how Walmart obtained the following from the
UFCW

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LLP

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LLP
Questions

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Contact
J.P. Hasman
314.621.5070
jhasman@armstrongteasdale.com
http://www.armstrongteasdale.com/john-hasman/
CLE and HRCI Confirmation Code: HF0710