Posts Categorized: Resources

Strong labor peace agreements are one of the best ways to protect the good jobs our communities need. With new guidance from the National Labor Relations Board (NLRB) impacting these agreements, the International’s Legal Department is helping locals understand the implications. The new NLRB memo (Memorandum GC 20-13) describes potential legal changes the NLRB could implement that would undermine neutrality or labor peace agreements.

Here are a few key points from the Legal Department regarding this memo:

First, it is important to understand that the General Counsel’s memo does not change existing NLRB law allowing companies and unions to enter into labor peace agreements or automatically invalidate existing labor peace agreements.

Congress did not give the General Counsel of the NLRB authority to change the law alone.  Unless a majority of the members of the NLRB issue a new decision adopting the General Counsel’s suggestions, the changes the General Counsel proposed will not become law or have any binding effect.

Second, the NLRB’s General Counsel acknowledges that under current law, most of the terms that usually appear in neutrality agreements are valid, lawful, and enforceable in court.

The memo suggests changing the law to make it unlawful for labor peace agreements to:

• provide union organizers access to company property;
• allow union organizers to solicit, talk to, or ask workers to sign cards during working time;
• provide unions with workers’ contact information; or
• express company support for a specific union.

The memo also suggests changing the law to make it unlawful for a company and a union to agree on certain working conditions before the union shows that it represents a majority of the workers.

Importantly, the General Counsel does not suggest that it is unlawful for companies to agree to be neutral in an organizing campaign.  The General Counsel also does not argue that it is unlawful for a union to promise that “the union will not itself call or cause a strike” in a neutrality agreement.

If you are negotiating a new neutrality or labor peace agreement, please make sure to check with your local attorneys or the International Legal Department about the provisions and language you use or include in the agreement.

If you are dealing with any NLRB charges involving a neutrality or labor peace agreement, please make sure to to have your Region Director notify the International Legal Department as soon as possible.  It is important to keep labor peace agreement issues away from the Trump NLRB so that it will never have the opportunity to adopt the General Counsel’s suggestions.  Please have your Region Director contact Amanda Jaret (ajaret@ufcw.org) about any NLRB issues.

Keeping locals connected to our members and potential members during the COVID-19 pandemic is essential and the International’s Information Technology Department is providing the tools locals need with the UFCW-developed Sidekick, AuthCard and ThumbsUp apps.

Sidekick complements the UFCW’s LUMM system, which is a free software widely used throughout all of our regions to maintain accurate membership data. The cloud-based Sidekick app enables union representatives to access LUMM member data securely and in real time on any mobile device or desktop. It includes maps of member activity, reports, and storage of signatures and documents. The app also offers many features needed to welcome and service our members remotely, including an administrative and member gateway, use of multimedia, digital membership application, reporting, surveys, grievances, document and file repository, texting, email and an offline mode for areas not internet accessible. You can view the introductory video for the Sidekick app here.

ThumbsUp is the solution for non-LUMM locals to easily text or email new employees a digital Membership Application. ThumbsUp has an integrated calling feature, which allows union representatives and office staff to call and walk through the application process with members. You can learn more about the ThumbsUp app here.

AuthCard is available to all locals. It provides a simple way for local unions to quickly get an organizing campaign off the ground. With the AuthCard app, organizers can reduce face-to-face contact during this pandemic and send prospective members a link to complete an authorization card. It also allows the workers themselves to participate in the organizing effort by sharing the signing link. You can get more information about the AuthCard app here.

UFCW Local 663 recently used the AuthCard app to organize workers at the Villa at Osseo nursing home in Osseo, Minn.

“Digital authorization cards are a fantastic tool as part of new organizing, especially during the COVID-19 pandemic,” said Rena Wong, the director of organizing at UFCW Local 663. “We launched digital cards at the organizing committee meeting after assessing for majority support. Workers texted the card to their coworkers right away and checked the names off the wall chart. Their coworkers who were not at the meeting sent in their cards before the meeting adjourned and we reached overwhelming majority by the end of the week.”

UFCW Local 770 has used Sidekick and ThumbsUp to reach potential members during the pandemic.

“This pandemic has challenged us all to be more creative, innovative and powerful in remote servicing,” said UFCW Local 770 IT, Communications and Vice President Michele Ward. “The tools provided by the International’s Information Technology Department have allowed us to be successful.”

“Since the shut-down in late March, UFCW Local 770 has received over 7,000 new member applications through Sidekick,” Ward added. “We have increased both membership and Active Ballot participation due to two things: personal phone calls to new hires by our dedicated teams, and the ease of signing a digital application. It has never been easier to digitally sign authorization cards and member applications.”

For more information about the Sidekick, AuthCard and the ThumsUp apps, contact your Region Director so that they can make arrangements with the Information Technology Department.