Unions

News & Analysis as of

Legislation That Makes Minimum Manning for Firefighters a Mandatory Subject of Bargaining Awaits Governor’s Signature

Last week, the Illinois Senate passed House Bill 5485, and the bill now awaits action by Governor Quinn. If signed by Governor Quinn, the bill would immediately go into effect and amend the Illinois Public Labor Relations Act...more

Game changer – the proposed Joint Employer standard

The US National Labor Relations Board, Department of Labor and Equal Employment Opportunity Commission have launched a coordinated prosecutorial assault on businesses that use outsourcing, franchising or sub-contracting. The...more

Today’s Special: What May Be on Your Hospital Cafeteria Menu Soon

On November 14, 2014, an Administrative Law Judge fired another round in the continuing skirmish between the National Labor Relations Board (NLRB) and the federal courts over the rights of union representatives to enter an...more

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more

Which Petard?

Title VII says a union may not refuse to refer a person for work on discriminatory grounds. In a recent case, the plaintiff alleged that, because of her sex, her union never referred her to a job driving for movie production...more

Volkswagen Adopts "European-Style" Labor Engagement Policy for Chattanooga . . . But Will It Stall?

Last week, Volkswagen Group of America announced a "Community Organization Engagement" policy that will allow labor organizations to engage in what the company calls "constructive dialogue" with the company and employees at...more

Online Retail Business Struggling Its Way Through German Employment Law

Labor Unions and Collective Bargaining Agreements - As the profits of German online retailers increase, so too do the HR pressures that such businesses face. As electronic retail businesses hire more and more workers,...more

Retail's Best Kept Secret against Non-Employee (Union or Otherwise) Protestors? Property Rights and an Evenly Enforced Policy...

As the holiday season approaches, non-employee protestors, labor organizers or otherwise, often target retailers in an effort to maximize the reach of their message due to the high foot traffic experienced at retail...more

Indiana Supreme Court Upholds Right–to-Work Law

The debate over the constitutionality of Indiana’s right-to-work law may finally be over. In Zoeller v Sweeney (No. 45S00-1309-PL-596, November 6, 2014), the Indiana Supreme Court reversed a lower court ruling that had held...more

NNU Ebola “Day of Action” Slated for November 12, 2014

Registered nurses in 16 states and the District of Columbia are planning a national “Day of Action” by engaging in strikes, picketing, leafleting, rallies, and candlelight vigils on Wednesday, November 12, in support of...more

Indiana Supreme Court Upholds Right to Work Law

The Indiana Supreme Court has reversed a July 2014 ruling by Lake Superior Court Judge John M. Sedia that two provisions of the Indiana Right to Work (RTW) law are unconstitutional. In a 5-0 decision, written by Justice...more

Quirky Question #245, Last chance agreements

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

Gesetzentwurf zur Tarifeinheit

Bundesarbeitsministerin Andrea Nahles hat eine Erklärung zum Vorhaben “Tarifeinheit” abgegeben. Der Gesetzentwurf dazu, der sich eng an das im Koalitionvertrag Niedergelegte halten soll, wurde noch nicht vorgelegt....more

Executive Labor Summary Executive Labor Summary - September/October 2014

Ebola crisis: the next big organizing issue? - Labor relations are already being affected by the Ebola crisis in the United States. On October 8 and 9, at LaGuardia Airport in New York, approximately 75 non-union...more

Resource Update: NLRB's Continuing Expansion of Off-Duty Access Rights

Since the U.S. Supreme Court's landmark decision in Republic Aviation v. NLRB almost seventy years ago, courts and the National Labor Relations Board have been weighing employers' property rights against union rights under...more

Shopping Mall Owner Permitted to Sue Union Protesters for Trespass and Nuisance

The Ninth Circuit has revived a Brea shopping mall owner's lawsuit alleging trespass and nuisance claims against union carpenters. The union purportedly picketed and demonstrated disruptively and destructively at a store...more

Florida Appellate Court: Open Meeting Law Applies to Collective Bargaining - The Florida Court Holds That a Mediation Settlement...

In a crucial victory for transparency, a Florida state appeals court ruled on Oct. 21, 2014, that the law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of the...more

Court Applies MMBA Meet and Confer Requirement to Reorganization of Police Department Command Structure

In Indio Police Command Unit Association, et al., v. City of Indio, et al. (--- Cal.Rptr.3d ---, Cal.App. 4th Dist. September 15, 2014) a California Court of Appeal confirmed the applicability of Meyers-Milias-Brown Act...more

High Court confirms no magic cloak for union activities

By a narrow majority, the High Court of Australia has held that the termination of an employee for holding up a "scab" sign while engaging in lawful industrial activity did not breach the Fair Work Act 2009 (Cth). The Court's...more

The Dawn of "Micro-Unions": A Scary Proposition for Employers

Unions can be difficult enough to manage, even for experienced employers. Imagine taking your workforce of 100 employees and dividing them up into 10 different collective bargaining units… represented by 10 different...more

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

"Turning Up the Heat" – Organizing Efforts in the South

It is no coincidence that the incredible resurgence of manufacturing in the Southeastern United States occurred in the absence of unionized facilities. Automotive, aerospace, and appliance manufacturers have flocked to the...more

Student and Alumni Litigation

In This Issue: - Unionization of Students ..The New Meaning of “Student Union” ..Overview of Labor Laws and Organized Labor ..Unionization of Graduate Students ..The Northwestern University Case ...more

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

National Mediation Board Rejects Jurisdiction Over Airline Service Provider

On September 11, 2014, the National Mediation Board (NMB), in a split decision, refused to exercise jurisdiction over an airline service provider performing cabin cleaning services for an airline at John F. Kennedy...more

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