News & Analysis as of

Filing Grievances

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Whiteford

Client Alert: 2024 Maryland Legislation Changes for CCRCs

Whiteford on

The Maryland Legislature passed recent legislation affecting Continuing Care Retirement Communities (“CCRCs”) which becomes effective October 1, 2024. Under this new legislation, CCRC providers must: •Post the most...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

2024 Title IX Regulation Update, Part I: Grievance Procedures for Resolving Complaints of Sex Discrimination and Sex-Based...

This is part one of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education released by the U.S. Department of Education on April 19, 2024. Changes applicable only...more

Carlton Fields

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

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New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

Littler

Alberta, Canada Arbitrator Finds Grievor’s “Off-Duty” Sexual Assault of Co-Worker is Just Cause for Employment Termination

Littler on

In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union’s grievance of an employee’s job termination, finding that his off-duty...more

Dechert LLP

The Employment Edit - Issue 5 - Spring 2023

Dechert LLP on

Welcome to the fifth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative...more

Littler

Ontario, Canada Arbitrator Deems Termination of LTD Coverage for Employees at Age 65 a “Reasonable Limit” Under Canadian Charter...

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In Rayonier v Unifor, Locals 256 and 89, 2022 CanLII 75226 (ON LA), a union filed an individual grievance on behalf of an employee who died at age 66 while still an active employee.  This grievance alleged that the employer...more

Stikeman Elliott LLP

Time Out: British Columbia Arbitrator Dismisses Untimely Grievance

Stikeman Elliott LLP on

In TC, Local 213 and Wolseley Canada Inc (“Wolseley”), the arbitrator enforced a collective agreement’s time limit clause to dismiss an untimely grievance. This decision is a rare example of an employer successfully enforcing...more

Farrell Fritz, P.C.

COVID-19 IMPACT: Long Island Real Property Tax Alert (UPDATED)

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Suffolk County Adjusted Grievance Filing Deadlines are now set. Each Town in Suffolk County has moved its grievance filing deadlines and some have altered their filing procedures as well....more

Littler

Ontario, Canada: Employee’s Excessive Absences to Pursue Education Need Not be Tolerated by Employer

Littler on

In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2019 CanLII 95328 (ON LA), a part-time restaurant employee in Ontario, Canada with two years’ seniority was discharged from her employment because her...more

Akerman LLP - HR Defense

New Year Cheer from the NLRB

The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more

Sheppard Mullin Richter & Hampton LLP

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

Proskauer - Labor Relations Update

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

Ballard Spahr LLP

NLRB Revives Prior Standard on Arbitral Deference

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On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 2

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Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

FordHarrison

Lessons on Grieving, Courtesy of NFC Championship Game

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A grievance is defined as “a real or imagined wrong or other cause for complaint or protest.” In the employment process, grievances would likely be limited to workplace issues....more

Sheppard Mullin Richter & Hampton LLP

Blog Series Part 6: CMS Proposed Rule on Policy and Technical Changes to the Medicare Advantage, Medicare Prescription Drug...

Dual Special Needs Plans - This part 6 of our 7 part series focuses on the provisions regarding dual special needs plans (“D-SNPs”) released by the Centers for Medicare and Medicaid Services (“CMS”) in the proposed rule...more

Polsinelli

Grieve Now, Ask Later

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Employers subject to collective bargaining relationships often complain about the time they spend responding to objectively meritless grievances. ...more

Fisher Phillips

National Labor Relations Board Turns Up The Heat On Negligent Unions

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Summer might be coming to a close, but labor unions continue to feel a rise in temperature. Unions can expect to face a change in how the National Labor Relations Board’s Regional Offices will handle duty of fair...more

Burr & Forman

Think your evidence is solid? Jury, judge, and appeals court may disagree

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We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more

Seyfarth Shaw LLP

Fourth Circuit Finds Former Employee Established Prima Facie Case of Retaliation

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Seyfarth Synopsis: The Fourth Circuit revived the retaliation case of a former city employee who was terminated one day after expressing an intent to file a formal grievance against her supervisor for race-based harassment,...more

Best Best & Krieger LLP

[WEBINAR] Creating an Accessible City

This webinar by Best Best & Krieger LLP Partner Michael Maurer covers the basic requirements of the Americans with Disabilities Act as it relates to public facilities, with an emphasis on the public right of way. Michael...more

McNees Wallace & Nurick LLC

Is the Inability to Perform the Required Duties of the Job Just Cause for a Public Employee’s Discharge? It Depends. (PART I)

In November 2017, the Commonwealth Court of Pennsylvania issued an opinion concerning an arbitrator’s reinstatement of a state correctional officer (“CO”). The CO was responsible for monitoring inmates who worked on the...more

Fisher Phillips

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

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In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more

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