Post-ElectionWhat In-House Counsel Need to Know and Do

John A. Entenman

Detroit, Michigan

National Political Scene

• Presidency: Democrat (up in 11/12)• Challenger(s): Internal (Clinton); External

• Senate: Democrat (Some in name only)

• House: Republican (Some “tea party”)

Lame Duck Season

• Tax Cuts (likely)• For all?• For the “non-rich”?

• Rush to pass proposed legislation? (unlikely)

• EFCA

• Paycheck Fairness Act (Equal pay, burden of proof)

• Respect Act (Definition of “supervisor”)

• Immigration Reform

Whither “Obamacare”

• Legal Status• Michigan• Florida• Virgina

• To be amended? Partially repealed? Aspects defunded?

• Law of unintended consequences

• Input on collective bargaining

• No collective bargaining exception

• Contract duration

• Contract re-opener(s)

• Broad employer-discretion contract language

Advancing Labor’s Agenda

• Office of Federal Contract Compliance Programs

• Equal Opportunity Employment Commission

• Offices of Minority and Women Inclusion (Dodd-Frank)• In each federal agency which regulates

financial sectors• Extends to law firms

• National Labor Relations Board

• Pro-labor

• Expect rule-making and case law changes• EFCA-Lite• Narrow definition of supervisor• Weingarten rights to non-union employees

• No employer captive-audience speeches

• Off-Site election voting

• Members only, non majority bargaining

• 100 employees• 40 = Union A• 40 = Union B• 20 = Union C or non-union

TO DO

• Engage in anti-union efforts now• Communication to and with employees• “Little Card – Big Trouble”• Education of employees and supervisors• Make sure your supervisors really are

“supervisors”

• Outsource non-core operations

• Nirvana: Have no employees