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The Franchise Memorandum

The Franchise Memorandum

Posts in Unionization of Workforces.

Despite the present uncertainty over the EFCA’s ultimate form, union-free employers should consider actions that can be taken now to keep their operations union free. Following are just two examples of many such possible action steps.

Adopt an Internal Position Statement on Unions and Labor Relations. To help focus your business on the issue of unions and guide development of its labor relations strategy, it may be useful to develop an internal position statement on these matters. This statement could subsequently be modified as needed for communications with management and ...

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The union-backed and much-talked-about Employee Free Choice Act (EFCA) was introduced in Congress on March 10, 2009. The legislative fight over the EFCA will begin soon. In the meantime, franchisors and other employers should ensure that they are familiar with the requirements and ramifications of the new law, that they contact their representatives in Congress to express their views, and that they begin taking lawful steps to prevent unionization, which will help whether or not the EFCA becomes law.

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Card Check Recognition Without Secret Balloting. The EFCA would amend the National Labor Relations Act in numerous significant respects. The most troublesome provision for employers and the one receiving a lot of media attention is the abolishment of the right to a “secret ballot” election process by which employees decide if they will be represented by a union. The EFCA seeks to change existing procedure by eliminating an employer’s right to a secret ballot election before requiring the employer to accept unionization of its workforce. The law would require employers to ...

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About this Publication

The Franchise Memorandum is a collection of postings on summaries of recent legal developments of interest to franchisors brought to you by Lathrop GPM LLP. 

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