04x21 - A More Perfect Union

[bunniefuu]

Did you know him?

No, I thought you did.

(sighs)

Have you noticed the older Mom gets, the younger her friends become?

Where do you think she is anyway?

My bet, she got us here a half hour early so we wouldn't be a half hour late.

I hate it when she does that.

You're missing the point.

I love Peter.

You do not love Peter.

Stop saying that.

He's changed, he's not the same.

Oh, my God.

You are one of those open women.

I'm gonna take you out back and give you a spanking.

He slept with prostitutes... that doesn't change.

Why do you and Mom keep pushing me toward Will?

The same reason you just brought him up... hmm?

You're tempted.

It's not a good thing.

Your body is telling you something.

Oh, my God, stop it.

Is that what you tell your students in advanced algebra?

Statistical modeling.

Your body is telling you something?

Did you kiss him or did Will kiss you?

Both.

Mm, I love it when that happens.

It was a mistake.

What happened last time with him?

Why'd you break it off?

It didn't seem like it was a long-term thing.

Okay, do you see how insane that is?

You were worried it wasn't gonna be a long-term thing so you cut it off before it could be a long-term thing.

(Veronica laughs)

Uh-oh, there's Mom. Owen?

Don't say a word.

There you are, you two.

Hi, Mom.

Hi.

I've been looking for you everywhere.

Mom.

Everybody's in there... what are you doing in here?

We don't know anyone.

Of course you don't... that's why I have to introduce you.

So, how do you know him?

The deceased.

Oh, I don't... I never met him.

No, no, it's Charlene, the wife.

You know, she's Malcolm's niece.

She's a sweet one and she's got a great haircut.

Come on, you'll see.

(whispering): She's got a great haircut.

Ms. Peterson, I'm so sorry for your loss.

Thank you. And you're...?

Owen, Veronica's son.

He's the mathematician.

This is the lawyer, Alicia.

I'm so sorry, Ms. Peterson.

Thank you for coming.

And thank you so much for offering to do this.

You're welcome.

We didn't know who to call.

Eugene, this is the lawyer.

Hi.

Hello.

Will you excuse me?

Eugene works there, too.

And... thank you so much again.

We're incredibly grateful for your help.

What's this about, Mom?

You're so generous with your time, Alicia.

Thank you so much, Mrs. Florrick.

It... it was just such a surprise to be given a 48-hour deadline.

I'm... sorry.

Uh, what are we...?

Could you tell me what we're talking about?

Oh, uh, yes.

We're coders working for Blowtorch, the software developer.

Charlene, Frank, myself...

Frank?

The deceased?

I'm sorry, yes.

We've had 18-hour shifts this week to get done some new software, and Frank was driving home for Charlene's birthday and he fell asleep at the wheel.

Oh, my God, I'm sorry.

Thank you. So that's why this contract rankles so much.

It doesn't protect us on overtime or number of hours, and it says we also can't file suit.

I think they're worried about Charlene suing...

Should they sign it or not... that's what they want to know.

Well...

I can pull up some comparable contracts, but I really shouldn't be advising...

Whatever you can do.

Thank you.

Thank you.

It's too bad nobody needs free math work.

PETER: Okay.

Let's try not to k*ll anyone in the transition.

(all chuckling)

Oops.

Looks like I have a meeting with a very severe-looking pollster.

So I'm gonna thank you, gentlemen, and say good-bye.

Hey, Matt.

Hello, sir. How are you?

Good, it's been a while.

How was D.C.?

Awful.

(laughs) Uh, will you let me know when my wife is free.

Thank you. Sit, sit, sit.

I want to thank you for looking over our polling.

You know, I get worried that, uh, our internals are being overly optimistic about our numbers, and I just don't want to get caught with my pants down.

You know what I mean?

I do know.

Okay, well, that was... (laughs) that was a very freighted pause.

Your internals are overly optimistic.

Our pollsters have us leading Kresteva by five points.

Do you think that's wrong?

Yes.

Where do you think we're at?

Down by two points.

I'm losing?

Yes.

Can somebody... anybody... get me Eli.

I believe Harbot Welch oversampled the African American and youth vote.

The vote is in two weeks and I'm losing?

Yes, now if you could increase Kresteva's negatives with women, you'd be very competitive.

I att*ck Kresteva my own negatives go up.

Yes.

But not your wife's.

I mean, you're not hurt if your wife does the attacking for you.

No.

It's the only way... I'm sorry.

I can't do that.

Thank you. One, one minute.

Eli, where are you?

In Alicia's office.

Oh.

Honey, I'm sorry.

How are you?

I'm good, how are you?

(Peter sighs)

Peter?

Are you okay?

Yeah, no, I'm fine.

Listen, would you have dinner with me tonight?

Sure, why?

Just a thank you for the Charlie Rose interview on Thursday.

You don't have to thank me.

I know I don't have to thank you.

I want to thank you, so... how about it?

8:00 downtown in my campaign bus.

Okay, I'll see you then.

Hi.

I like that rug.

My mom has one just like it.

Thank you.

Nancy Crozier, what can I do for you?

Actually I'm here to do something for you.

We're offering a two percent increase to the top 20.

But that's it.

I...

I have no idea what you're talking about.

Mr. Jenlowe is within his rights to fire them.

He doesn't want to, but he runs a business.

We think two percent's very fair.

Nancy, seriously, I have no idea what you're talking about.

Blowtorch.

We were told you were the lawyer consulting with the employees.

We just want them to sign their contracts.

Good, I'll let them know.

And delaying's not gonna work.

We're in earnest.

"Earnest."

Good, got it.

I like you, Alicia.

I don't want to see you make a mistake.

I'm not sure what mistake I might make, but I am glad you like me.

I don't like sarcasm.

It's cheap.

Okay, thank you, Nancy.

We will be in touch.

We don't do management labor.

This is not a hard and fast rule.

And if we did, it wouldn't be this piddly-squeak coder stuff.

DIANE: Excuse me, Alicia, this case you brought in, this Blowtorch case?

We received a cease and desist order from Blowtorch.

Now, you don't have to tell us when you take in a new client... you're a partner now... but when it infringes on territory occupied by Chumhum...

Okay, look, I'm sorry this has become a thing.

They are not my new clients.

This is just a really simple favor for my mom.

For Veronica?

How's she doing?

Uh... good.

Good, tell her...

"hi" from me.

I will.

Uh, all I'm doing for these employees is finding comps for their contract.

That's all.

They think you're the lawyer.

I know, I know.

I will get this off my desk fast.

It's just management labor can be a bit tricky.

Don't worry. This will be fast.

But the galling thing is the maternity leave.

There's none. (chuckles)

90% of these other contracts have at least one month maternity.

So suggest a month?

Suggest two and they'll reduce it to one.

At the state's attorney office, I negotiated down from three.

Anything else?

O.T. for any work week exceeding 60 hours.

And some kind of criteria for performance-based bonuses.

Great. Thanks, Cary.

Sure.

Lorna, can you get me these in triplicate?

Do any of you get overtime if your work week exceeds 60 hours?

Do you?

No.

I just came from a meeting with Cary and Alicia and they were arguing it was unfair not to.

CARY: As you can see from these other four contracts from comparable work places with comparable salaries...

Charlene, you don't need to be here.

It's okay, I want to be.

Mrs. Peterson, we're very sorry for your loss.

CARY: As you can see from these other four contracts, we need criteria for just-cause termination.

Yes, except none of those other contracts were for coders.

They cover contract workers, the same as Blowtorch's coders.

Eugene? Charlene?

Do you consider yourselves equivalent to shop workers, pipe layers, and... janitorial service personnel?

Aren't you more like artists?

Entrepreneurs?

Why don't we focus on contractual language?

These lawyers want to talk in dollars and cents.

But that's not what your work is about.

It's about... magic.

It's about genius.

Then why don't you pay them like geniuses?

"Them"?

Wh... who exactly is "them"?

20 Blowtorch employees.

They've signed on.

CARY: So again, if we could now turn to maternity leave, you'll see it as the third...

I'm sorry, I don't think we need to go any further.

Um, these are letters of dismissal.

Blowtorch thanks you for your many years of dedicated service.

Wait. Excuse me.

And we wish you the best in future endeavors.

This is not the way to handle this.

Yes, but it's the way we're choosing to handle it.

Your desks have been cleared, and your belongings have been messengered home.

You are really amazing, you know that?

I do know that.

We're looking for artists, not employees.

Okay, wait, wait, wait. I'll sign it.

I'll sign the contract.

Eugene, no.

CROZIER: I'm afraid it's too late.

We're worried that your attitude will infect our other... artists.

Thank you.

PETER: It's gonna cost us votes.

Now, we talk about this all the time, let's just put it to bed.

(door opens)

(door closes)

Well, sounds like we're both having a bad day.

(sighs): Yeah. What's yours about?

I just got 20 people fired.

How about you?

They want me to go negative on Kresteva.

Point out his sexism.

Not when you're up by five points.

Everything all right?

Yeah.

How's your pizza?

Hmm.

It's our first date pizza.

And wine out of the bottle.

(chuckles)

Well, almost like our first date.

Almost.

(chuckles)

What's that, Peter?

That is a ring.

But I already have one.

Mm-hmm.

In two weeks, I'm gonna know whether I'm in office or not.

Either way, I have a week off.

I want you to come with me to Hawaii and renew our vows.

(sighs) Peter.

Just consider it.

I don't know.

Why?

Because things are good right now, but that doesn't mean they'll stay that way.

It doesn't mean they won't.

No.

They never do.

Well, all I know is that...

I love you.

Say yes.

You're at-will employees.

The company can terminate you for any nondiscriminatory reason.

(all exclaiming)

Now, everyone, wait, wait. Listen, listen.

There is a safe harbor here.

You can't be fired if you say you were trying to form a union.

Working together in order to collectively bargain is considered PCA: "protected concerted activity".

You want us to form a union?

We're not teamsters.

No, we want you to keep from being fired by saying you were forming a union.

They can't fire you if you say that.

Really?

Y... yes.

CARY: We'll file a complaint with the NLRB, asking them to enjoin Blowtorch from f*ring you.

Then you just drag out the process of unionizing.

The whole point is to delay.

They'll eventually fire us.

ALICIA: No. Delay and you'll get leverage.

It'll keep them from hiring replacement workers.

(group murmuring)

I think it's a good idea.

Shake the trees at OSHA, EEOC and EBSA.

What am I looking for?

Any complaints by Blowtorch employees alleging an unfair or unsafe workplace.

It'll make it easier to argue that they were unionizing.

Organizing? Why should we do that?

Because we're underpaid and overworked.

And we'll be out of work if we rock the boat.

Margie? Hmm?

I thought you were gonna get me lunch.

I... I'm on my way.

The way is this way, not that way.

Hello, everyone, and thank you for joining us at the Chicago National Labor Relations Board.

I'm Administrative Law Judge Rodney Jesko.

"Rodney" is fine.

Or even "Rod".

Rod, Nancy Crozier for the respondent, Blowtorch.

And I'm sorry, but I'm very new to NLRB, so if you could just let me know when it's my turn to say my piece?

There's no need to apologize.

I'm a new judge here myself. Just promoted.

Really?

Happened a few years later than I thought it would, but, uh... that's politics. (chuckles)

Your Honor... I mean, Rod... we have affidavits from 18 recently dismissed employees attesting to protected concerted activity under the NLRA.

Wow. 18? (chuckles)

Ms. Crozier? I'm sorry.

"Nancy."

I tend to just blurt things out when I'm amazed.

I do the same thing.

My friends are always trying to stop me.

Rod, we ask that you enjoin Blowtorch from f*ring any employees until such time as we can prepare a case for unionizing.

Yes, but, Rod, each day that this labor dispute is dragged on is a day that my client gets closer to bankruptcy.

How is a handful of terminated employees trying to get their jobs back going to mean her client's financial ruin?

Sorry, I thought these would be more polite proceedings.

Uh, yes.

So let's please try to watch our tone.

Blowtorch's financial situation is very precarious with resources diverted to protracted litigation.

All right, well, then I see no problem with questioning these witnesses right now about their organizing efforts.

Your Honor, we came here merely expecting to lay the groundwork for our defense.

Ah, but wasn't it Oliver Wendell Holmes who said, "Speed is a thing... that is... mightily... to be wished"?

Can we question your first witness?

What am I supposed to say? I can't lie.

We don't want you to lie.

We want you to tell the helpful truth.

Les Neukirk from the Department of Labor.

And you're looking for information on Blowtorch Industries?

Yes. Workplace complaints.

Why don't you ask the employees you're representing?

Well, we don't represent all the employees.

Oh.

Um... we have no outstanding complaints against Blowtorch.

What about past complaints?

Just one in the last 18 months, recently withdrawn.

So, how long have you been at Lockhart/Gardner?

Me? Uh, a little over a month.

Any workplace issues?

No.

Very happy, thank you.

Because some people contact me as a cover for other issues: pay, benefits.

No, good benefits, health care.

Everything's good.

And you?

Happy as a clam.

Oh.

Well, thank you.

Sometimes firms grow so fast, issues of wage and hour compliance get overlooked.

No one has to know that you talked to me.

You get health care?

Excuse me.

Are you from the Department of Labor?

Yes.

Do you need something?

Just some advice.

Do you have someplace we can talk?

Frank's not even dead 24 hours, and we get hit with this contract.

People were outraged. It felt punitive.

And did you discuss collectively taking action in response to these contract demands?

Sorry to interrupt, but objection.

Calls for legal conclusion.

Indeed it does. Sustained.

Did you collectively voice outrage to your boss?

At that stage, no.

But you did discuss getting together to have your views known to someone in a supervisory capacity, right?

Not...

I mean, in terms of...

See, we were fired before we could formulate a specific plan.

But you had time to get in touch with me before you were terminated, right?

Yes.

We collectively got in touch with you at Frank Peterson's funeral.

And what exactly did we discuss?

How we could engage in protected concerted activity to safeguard our rights.

I'm sorry, but the witness is obviously regurgitating terminology he's been fed by counsel.

I mean, objection.

(chuckles) Sustained.

When we met at the funeral, did we discuss potentially starting a union to address your contract concerns?

Potentially, yes.

We discussed the potentiality.

Thank you.

Nothing further.

Nancy, anything?

Yes.

We have one rebuttal witness...

Charlene Peterson.

PETER: Thanks for doing this, Owen.

I know we've never been very close.

Well, like I said, statistical sampling isn't really my area of expertise.

I'm just looking for an opinion from someone I'm not paying.

The thing is it looks pretty good, but I can't, I can't really tell.

I have a speech in a few minutes.

Oh. I'll let you go then.

No, no, no, go ahead, stay.

(sighs)

Did you and Alicia talk?

Did we talk? Yes.

About me?

About, um, about personal things.

I've asked Alicia to recommit to our marriage.

I know you talk with her, I know that you and I have had our differences.

But I'm...

I'm really intent on... showing you that I want to forget those differences.

Peter... this isn't a campaign. This is life.

(chuckles) You think I'm campaigning?

Yeah, I read somewhere that the surest way for a politician to get you to love him is to ask for something.

You'd think it'd be the opposite: to give you something.

But, no, voters count themselves so cheap, you just have to ask me a favor.

I asked you here because I want things to be better between us.

So I'd put in a good word for you with Alicia?

Yes.

I'd better go.

And, uh, you gotta get to that speech.

She said if we wanted to keep our jobs, forming a union was the only way.

Mrs. Florrick said that?

I'm going to object on the grounds of attorney-client privilege.

The client can waive that privilege.

I am representing 19 of her coworkers.

She's effectively waiving it on their behalf, too.

Mm, interesting quandary.

How to split that baby?

By not.

I think I shall side with more inclusiveness.

You may answer the question, Ms. Peterson.

Yes. Mrs. Florrick said that.

And before Mrs. Florrick advised you to form a union, had you or any of your fellow coders expressed any interest in doing so?

We did not.

ALICIA: Lorna, can you get me the Department of Labor on the phone?

Diane and Will asked for you.

They... Now?

Yes.

Could you close the door?

We have an insurrection on our hands, Alicia. Because of you.

WILL: The assistants are asking for a raise.

DAVID: They're inspired by this case that isn't a case.

DIANE: We thought you were giving it up.

Yes, the difficulty is the employer threatened to fire them, so we felt obligated.

You broke it, you own it?

Unfortunately.

We're at the NLRB right now.

DAVID: They're not gonna get another cent.

These damned assistants.

They think we need them.

The assistants are asking that we listen to their proposal.

How many assistants?

Eight. Why?

Well, they need a third to get a vote on unionizing.

That's not enough.

DAVID: They know.

You had a Department of Labor guy out who educated them.

Well, then we need to talk to them.

We need to fire 'em before...

WILL: David, Alicia, you meet with the assistants before they organize.

Hear their demands.

And then what?

Hear their demands.

We don't have the money for across-the-board raises.

We do if we don't take increases this quarter.

We do if you don't take any salary this year.

DIANE: The difficulty, Alicia, is we can't afford the precedent.

Nothing from the Department of Labor?

No, no complaints.

Charlene really testified against you?

I think Blowtorch has her back in their ranks.

What do you think, a payoff?

Probably.

We need some way to prove it though.

I'll go talk to her coworkers.

Cary, did you know that Robyn has health care?

No, I didn't.

Do you know how much she earns?

Um...

No, how much?

I don't know.

Are you feeling jealous?

Do you want to know why the widow is testifying for Blowtorch?

Yes, I do.

Then ask Robyn 'cause she gets health care.

Kalinda.

Yeah.

(quietly): The fourth years are starting our own firm.

We're taking five top clients with us.

Who?

I'm not gonna say.

I want you to come with us.

Sure.

Exclusively.

No way.

They don't value you here.

We'll value you.

You'll have your own office.

I don't want my own office.

You'll be paid more.

Okay. Then you come up with an offer, and I'll listen.

No.

You'll just use that to get up Lockhart/Gardner's offer.

(laughs softly) We need three months to get our ducks in order.

Okay, then come up with an offer when you get your... ducks.

Oh, by the way, the man from the Department of Labor said that somebody recently withdrew their complaint against Blowtorch.

I would look there.

So you filed a complaint about the hazardous working conditions at Blowtorch immediately following your husband's death?

Yes.

But then you withdrew that complaint within 24 hours?

Yes.

Ms. Peterson, were you offered an inducement by the company to withdraw that complaint...

Objection, Rod.

I'm sorry, but this young woman has just lost her husband, and this is clearly badgering.

ROD: Oh, I don't know.

Doesn't really sound like badgering to me, Nancy.

You can answer the question.

CHARLENE: They settled.

I was going to sue, but they settled.

ALICIA: Rod, we believe this proves our case.

Does not.

Actually, Nancy, I'm afraid it does.

I find that the coders at Blowtorch were attempting to engage in a protected, concerted activity prior to being fired.

I therefore order that they be reinstated.

CROZIER: But they still need to vote to form a union in order to retain that protection.

Otherwise, Blowtorch has an absolute right to fire them.

Yes, that is absolutely true.

CARY: Only if the union is not certified before the court-imposed deadline.

And that is absolutely true.

CROZIER: Therefore we would ask for an expedited deadline of 24 hours.

ALICIA: What?!

She can't ask for 24 yours.

Hold on, hold on, hold on. Compromise.

Compromise is the cornerstone of any... well, of any building.

So I have made a decision.

The workers are going to get their injunction, and the company's going to get their 24-hour deadline.

But, Rod, 24 hours... 24 hours is not...

Listen, Alicia, if your clients were really organizing, they should be ready (bangs gavel) and able to get this vote together in 24 hours.

Jenny, I don't understand how half this memo could be misspelled... just run it through a spell-check.

That's okay, Jenny.

Hi.

Come in.

You taking over?

Couldn't do worse.

You already got a five percent raise, Kalinda.

We're not talking about money again this year.

I'm being pursued.

My God, that's awful.

Did you talk to the police?

And I'm considering taking the offer.

Yes, and every time you try this gambit, it's just a little less effective.

Who's pursuing you?

New firm.

Which new firm.

Robyn gets health care.

(sighs quietly) Hmm.

Do you want health care?

Well, health care's equivalent to...

$30,000 a year... that puts her pretty close to my salary.

She told you her salary?

No. I can guess.

She's been here five weeks, Will.

I've been here five years.

Kalinda, health care requires exclusivity, and you want your freedom.

I want my value.

Why is everybody talking about money all of a sudden?

What happened to being a family?

Doing things because we're dedicated to each other.

(laughs)

Look, you consider being exclusive to us, and I'll get you more money.

But otherwise, your freedom... costs you.

Well, is that a yes?

I'm gonna check with the other firm, see if they give me a better offer.

Yes, the imaginary firm.

ALICIA: If the vote were right now, how many coders are in favor of unionizing?

I mean, I think our 29 are pretty solid.

And anti-union?

(sighs) Management probably has about the same number tied up.

So it's 29-29.

And the swing votes?

Uh, Linda Kennedy, Eric Needleman... those could go either way.

We need them both.

What if we got one and they got one and it was 30-30...

You still lose. Tie goes to management.

Well, it's up to you, all of you, really, to put pressure on these two.

Make your case for unionizing.

I'm glad we're taking the time to do this today.

We are all on the same team here.

Do you realize that we get paid ten percent less than staff at other Chicago firms of our size?

No, I wasn't aware of that.

LORNA: But this isn't just about the money.

Hello.

Don't mind me. Carry on.

(clears throat softly): Um... you were saying that there are non-financial issues as well?

LORNA: Yes.

It would be nice if we were able to go see our kids in their school plays or basketball games without it affecting our performance evals.

DAVID: Alicia, make a note.

Any parent whose kid's playing Jean Valjean gets the afternoon off.

Come on, that's not...

Okay, we are not discussing solutions today.

This is just an introductory meeting to lay out everyone's concerns.

Yeah.

Let me lay out my concerns.

David, please...

You lay out your top three concerns, and I'll lay out mine.

Okay.

Number one, seven percent pay bump.

That still puts us below the other big firms.

MARGIE: And number two, we would like to vest in a retirement plan in three years, not five.

DAVID: Never gonna happen.

Well, can you at least hear us out?

Why don't you go to another firm to hear you out?

Are you kidding?

Did you just thr*aten to...

To fire Margie? Yes, I did.

She's only been with me for 11 years.

You I barely recognize, so if you want to go first, or anybody else, step right up.

(excited chatter)

If you terminate Margie, we'll all go on strike.

You can't go on strike.

You're not unionized.

Then we'll vote to form a union.

You can barely get my lunch order right... how are you...

Okay, everybody please (excited chatter) just calm down, calm down.

(others cheering, laughing)

18? Oh, my God, they're gonna draft you any day now.

VERONICA: How sad is that?

You can get drafted at 18, but you can't drink till you're 21.

I can buy cigarettes.

Oh, that's progress.

And p*rn.

Oh, good, a healthy conversation.

Mom really hasn't gotten a handle on this whole gift thing.

Hello, Alicia.

(laughs)

(indistinct chatter in other room) Mom seems happy.

Well, she likes your kids.

For ten years I've been trying to get her to see them... now all at once.

Well, she doesn't like babies; they get on her nerves.

How's Peter?

He's good.

Why?

He... met with me.

What?

What does that mean?

Well, he... met with me about polling.

(kiss) Peter called you up, to meet with you about polling?

Yeah.

He's worried he's not doing well, but he can't go negative on Kresteva's sexism without hurting himself with women.

What?

I'm not sure.

I think I might be wrong about him.

He's sweet... in his way.

Especially now... he's very vulnerable.

VERONICA: So, what are you two talking about?

Just these wonderful presents, Mother.

Cock a doodle doo!

I think they're excellent for psychological role-playing.

So, I'm gonna give Zach some wine.

Okay with you?

No.

Oh, come on. I let you drink wine at 16.

I know. You know, in Italy, where they give kids wine at any age, there's less public drunkenness than anywhere in the world.

You just made that up, Mom.

No, I didn't. No, I didn't. Look it up.

There's less public drunkenness in Muslim countries where alcohol is outlawed.

(chuckles) (liquid pouring)

What's wrong, Alicia?

Peter asked her to renew their vows.

Can we please just have a conversation between the two of us without you sharing it with the whole world?

What, I'm the whole world now?

VERONICA: Peter just wants to tie you down.

I know how he works.

No, see, I... I think we've judged him too harshly.

Oh. Since when? What happened?

ALICIA: Don't look at me.

I'm just doing the dishes.

I talked to him, and I think he's grown a lot.

Oh, you are so easily swayed.

No, I just, I want my sister to be happy.

And I don't want her to be happy?

If you end up with Peter, in two months he'll be back with the hookers.

All right, I'm sorry, do you want us to stop?

No.

No, this is why I invite you over.

Fine.

Peter talks to you; I'll talk to Peter.

Mom... you talk to Peter, and I'll never let you see the kids again.

This is my life.

Understood?

Good.

I'm not gonna talk to Peter.

(elevator bell dings, doors open)

Sabrina, has Eugene Kreskoff arrived?

Sabrina?

Eugene said they worked the swing votes, Kennedy and Needleman, for most of yesterday, but so did management.

Does he have a sense of which way they're leaning?

They're cautiously optimistic, but they wanted to make another run at them this morning.

We have a problem.

What?

Kennedy and Needleman, our swing votes...

Blowtorch just fired them.

CARY: They can't do that.

Blowtorch knew Linda Kennedy and Eric Needleman were the swing votes the employees needed to unionize.

And that's why they were fired.

No. They were fired for cause.

Well, first of all... good morning, everyone. (laughs)

OTHERS: Good morning, Rod.

The two employees that were terminated called in sick, but as these videos show, they were not sick.

These are Web chat videos showing Needleman and Kennedy discussing wanting to stay away from work.

EUGENE: Because they were sick of being intimidated for their votes!

It doesn't matter the reason.

This is blue flu.

They faked an illness to get out of having to go to work, and the company is well within their rights to fire them.

Not if the company found out by spying on them.

Oh, she's right, Nancy... you can't spy on your employees.

Yes.

And if they were monitoring their Facebook pages, then that would be spying, but this was just routine monitoring.

Recording their private Web chat?

Which were conducted on company laptops.

Oh.

These were company laptops.

That they had in their own homes, where they had a legitimate expectation of privacy.

I'm sorry...

Rod, but I am feeling a little bit ganged up on here.

ROD: Oh, I'm sorry, Nancy.

Uh, Alicia, Cary, could just one of you... argue?

CROZIER: Thank you.

The employee handbook is unambiguous, Rod.

Company-issued equipment is subject to monitoring at all times.

Yes. And if the company combed through every e-mail and Web chat that it monitored, they'd find other violations, too, but they haven't.

Because this is just pretext.

Blowtorch knew those two employees were the swing votes in a union election.

Which is why they stayed home.

That is not why they were fired.

ROD: Okay.

Thank you. You've given me... a lot to digest.

(sighs): And again...

I think what's best here is compromise.

Thank you.

(bangs gavel)

Rod?

Yes?

What's the compromise?

Oh. Uh, you get your election, and the company can fire their employees for cause.

What do we do now?

We have a little less than three hours before the vote.

We need to pick someone off.

Where are you going?

To pick someone off.

Can I talk to you?

Charlene, first let me start by saying I regret what happened between us in court.

You have suffered a terrible traged...

Please just hear me out.

I'm not changing my vote.

Do you realize how important this union could be?

Don't you dare play the "your husband d*ed for this" card.

I know. I'm sorry.

Could you... just let me in for a minute?

(sighs)

Okay.

Just give me a minute.

(exhales)

Hello?

CROZIER: Alicia, hi.

As Ms. Peterson's lawyer, I must ask you to desist.

Close the door.

(sighs)

If I agreed to exclusivity, what would you offer me?

I don't know.

Can you b*at that amount?

Is that what you're being paid here?

Can you b*at it?

If not, there's no reason to talk.

I might be able to.

I'll have to talk to my partners.

Kalinda...

I'm not getting in a bidding w*r with Lockhart/Gardner.

Good to know.

DAVID: It was a client lunch scheduled for my usual table at Sabatino's, but Margie forgot to make the reservation, and I had to eat at a table by the kitchen.

WILL: Jenny's doing the same to me.

They're trying to show us how important they are.

Are the clients getting wind yet?

WILL: Not yet.

They will. The staff is rebelling.

I'm sure if we just make one or two substantive concessions...

You mean, surrender.

They're not being unreasonable.

Just because you came up short for the Blowtorch workers, doesn't mean you can expiate your guilt here.

Easy, David.

DIANE: All right.

They see us spending more on infrastructure, and they want more.

The problem is precedent.

We can't pay them all more at the same time.

That's why we should fire the ringleaders.

I'll cap Margie, you get rid of what's-her-name, and I guarantee the rest of them will think twice before they complain again.

First of all, that sets us up for years of lawsuits.

Then let 'em sue. You're management now.

Start acting like it.

DIANE: Okay, wait.

Will, we need to split them up, don't we?

Let me think about it.

You rang?

KALINDA: I did.

Look, if I commit, what'll I get?

You'll be exclusive to Lockhart/Gardner?

If I agree, what are you gonna give me?

What do you want?

More than that.

Is this from your imaginary new firm?

Yup.

I need more, Will.

Well, unfortunately, we're in the midst of a rebellion, so any talk of salary increases will have to wait.

Who's rebelling?

The assistants.

Why? Who were you thinking?

So, when can you get back to me with an amount?

Don't know.

Don't do anything stupid, Kalinda, like leaving us.

Look, I'm sure you'll be fine with Robyn and the support staff.

They're all family.

ALICIA: Was it your intention, Ms. Peterson, after receiving the $4 million in company stock, to continue working at Blowtorch as a coder?

I'm sorry, Rod. Objection.

If Alicia is intending to use Ms. Peterson's recent absence during this time of grieving to argue that she's no longer an employee...

I'm not arguing that at all.

ROD: Oh. Well, then, objection... uh, well, let's not say overruled.

Let's just say it's delayed. (laughs)

This is a copy of Blowtorch corporate bylaws.

Could you please turn to page 63, and read paragraph two-A, Roman numeral IV?

"Any employee or non-employee owning a minimum of five percent of the outstanding common shares of company stock shall be entitled to a voting seat on the board of directors".

And given that at the market's close today, Blowtorch was worth a little less than $77 million...

Well, I'm sure you can do the math.

I see. So, she's a director of the company?

Yes, Rod, which means she fits the NLRB definition of management, and therefore, cannot vote.

Alicia, that's very clever.

Thank you, Rod.

You're welcome.

CROZIER: But she has not taken her seat on the board.

ALICIA: No, but the day she took the stock, she was no longer qualified as an employee who could vote in a union election.

Well, I don't know if that's true.

But it sounds true.

Rod, may I suggest a compromise?

No, that's okay. I already have one.

Ms. Peterson is no longer eligible to vote, and the election is to go forward without her.

(gavel bangs)

Kresteva is currently ahead of your husband with female voters.

Do you think they see in Peter something they do not trust?

I think it's because the press has been more interested in Peter's past failings as a family man, for which he has long since atoned, than they are in Mike Kresteva's present ones.

Kresteva's present ones?

That's an interesting idea.

I mean, what is it you mean specifically?

Running a political campaign is not a one-man show.

For every candidate out there giving speeches and kissing babies, there's a spouse who's doing everything else.

If everything is perfect, it is still... tremendously hard, on that spouse.

And if it's not...

If it's not, what?

Do you want to draw a comparison between Mike Kresteva and your husband?

Mike Kresteva is struggling with alcoholism.

It is a serious disease...

Did you talk to her?

No, this is her.

And one that he'll need tremendous support to battle.

But instead of prioritizing his family and dealing with those issues, Mr. Kresteva... has chosen to throw himself into a political campaign.

If voters are asking themselves which candidate is more, truly more committed, to women and families, it's my husband, Peter Florrick.

I know it now, and I've always known it.

VERONICA: Hard to believe she can say that with a straight face, isn't it?

Ms. Loy.

Please, call me Veronica.

Um, okay.

Are you here to see David Lee, or...?

No, I... I just saw him, thank you.

Actually, I was looking for you.

Is there something I can help you with... Veronica?

Yes, as a matter of fact, there is.

Do you love my daughter?

I'm sorry?

Because if you do, it's time to stop being polite about it.

You have a window, but it's closing.

That schmuck of a husband of hers wants to renew their vows.

And I know my daughter.

If she does that, you're never gonna pry her away from him.

So you got to move now.

It's very nice to see you again, Ms. Loy.

The vote is 29-28.

In favor of, um...?

Oh. Favor of unionizing.

(overlapping chatter)

Thank you both, so much.

Congratulations.

ROD: All right.

All right, everyone. Settle down there, have a seat.

With this election certified, this union becomes the authorized bargaining unit for member coders at Blowtorch.

Let the contract negotiations begin.

I'm sorry, Rod.

I don't think that Blowtorch will be able to participate in those negotiations.

You see, the company's been sold.

ROD: Oh, my goodness. Really?

Sold to whom?

I think you know the buyer, actually. Chumhum?

They really wanted Blowtorch for the intellectual property and not the employees, so, it's a good thing they got it so cheap.

ALICIA: Did you encourage alI the union talk at Blowtorch in order to drive the price of the company down?

What?

You brought the case to us.

Yes.

But after I brought it, did you drive the price of the company down for Chumhum?

No.

So, it's just a coincidence that Chumhum bought it?

I don't know what it is, but we didn't do anything wrong.

Business just does what business does, Alicia.

And we're now running late for a partners' meeting.

DAVID: Good!

Ah, the executive committee has arrived.

How is it going?

I've presented our plan to the partnership, and I think we've come to a consensus on how to handle the clerical rebellion of 2013.

(crowd chatter) Uh, before anyone gets fired, I'd appreciate at least being able to speak on behalf of the assistants?

It's okay.

We had another idea on how to handle this.

In addition to their responsibilities supporting you and David, Lorna and Margie have both been appointed staff coordinators.

DAVID: And while I'm sure we're both gonna miss their very friendly faces around the firm, we're allowing them to telecommute three days a week.

WILL: You asked us to listen, so we listened.

And this is what they really wanted.

And the other employees?

We'll get to them in time. Baby steps.

You bought off the ringleaders.

We handled the problem in a way that protected us and satisfied them.

DAVID: It's what management does.

DIANE: So, onto the next order of business.

This case based on a lead provided by...

♪ So far it's not bad... ♪

(knocking) PETER: Whoa, whoa, whoa, whoa.

Don't come on this bus unless you have good news for me.

I have good news.

I did some polling after the interview.

♪ The way that you feel... ♪

Suburban, exurban...

Across the board.

Kresteva's lead just got erased.

It's a dead heat.

(laughs)

(door opens)

It was your interview with Charlie Rose that did this.

(door closes)

Hey.

♪ I'd give up anything to get used to this ♪

You promise me that you will never put me through the same thing again.

♪ I'd give up anything to be home ♪
♪ I'd give up anything to be home... ♪

Alicia...

I promise.

♪ And I've done everything to get into this... ♪

Then, yes, I would love to renew our vows.

Let's do it then. (laughs)

Stay tuned for scenes from our next episode.