News & Analysis as of

Grievance Process

Through Rain, Sleet, or Snow: The USPS Delivers a Helpful Example of Well-Executed Employment-Related Internal Investigations

by Foley & Lardner LLP on

Remember when the U.S. Postal Service (USPS) conjured up images of disgruntled employees engaging in workplace violence? Those days of incidents, often sparked by employee discontent over unresolved labor grievances and...more

Employers note - Changes ahead in New Zealand

by DLA Piper on

In this update, we signal the changes to employment laws in New Zealand taking place next month that employers need to be aware of. We also look at the new private members bill that might allow an employer to restrict its...more

Avoid Paying The Piper: Tune Your Startup to Avoid Harassment Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Heeding some lessons from HBO’s “Silicon Valley” can help employers avoid mistakes related to potential hostile work environments and discrimination that might occur in a startup environment. In a...more

The new regulatory references regime in the UK

by White & Case LLP on

The UK's Financial Conduct Authority and the Prudential Regulation Authority are introducing a new tool to enhance the accountability regime being rolled out in the financial services sector. On 7 March 2017, the new...more

NFL Owners, Commissioner Consider Question of NFL Conduct Policies Regulating Non-Football Offenses Once Again

by Jackson Lewis P.C. on

New York Jets player Darrelle Revis is entering the third year of his approximately $70 million five-year contract with the team. He is slated to receive a $13 million base salary ($6 million fully guaranteed) and a $2...more

The Ninth Circuit Reiterates State Law Applies to Non-Preempted Claims under the Labor Management Relations Act

by Snell & Wilmer on

The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) recently provided much needed clarification of the standard for when a unionized employee’s claim may be preempted under § 301 of the Labor Management...more

CBAs Must Specifically State Intent to Arbitrate Statutory Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeal has held that unless a collective bargaining agreement includes an explicitly stated, clear and unmistakable, intent to waive the right to a judicial forum for statutory causes of...more

Subway operators fighting decision to staff trains with only one operator, claiming unsafe

by Dentons on

Three Toronto subway operators engaged in a work refusal after the Toronto Transit Commission decided to staff subway trains with only one operator (instead of two). Their union is now fighting a Ministry of Labour...more

NLRB Majority Stuns Nation By Ruling Employer Has Management Right, Chairman Dissents

by Proskauer - Labor Relations on

In another example of the inconsistency of the current state of Board law, a 2-1 majority of the NLRB ruled that an employer not only had a management right but it wasn’t necessary that this right be expressly set forth in...more

EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

by Cohen & Gresser LLP on

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to...more

What Physician Practices and Other Healthcare Providers Need to Know About the Posting and Grievance Obligations Set Forth in the...

by Dickinson Wright on

Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability. Recently, the Federal Office for Civil Rights (“OCR”) issued a Final Rule clarifying...more

Bring in the TV Cameras: NLRB and D.C. Circuit Find Employees Airing Grievance in Media is Protected Activity

An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more

Split D.C. Circuit Panel Upholds NLRB: DirecTV Violated NLRA By Terminating Technicians For Statements Made During A News...

In a 2-1 ruling in DirecTV Inc. v. National Labor Relations Board, the U.S. Court of Appeals for the D.C. Circuit affirmed the NLRB’s ruling that DirecTV must reinstate technicians who were terminated for complaining about a...more

Does the ACAS Code Apply to SOSR Dismissals?

by Faegre Baker Daniels on

In Phoenix House Ltd v Stockman UKEAT/0264/15, the Employment Appeal Tribunal (EAT) considered whether the ACAS Code of Practice on Disciplinary and Grievance Procedures (Code) applies to dismissals for “some other...more

HHS Issues Final Non-Discrimination Rules for Healthcare Providers

Healthcare providers and others who receive federal financial assistance are now subject to new non-discrimination rules and notice requirements under the Affordable Care Act. The new regulation prohibits discrimination in...more

New Materials Help Covered Entities Comply with Nondiscrimination Rules

Last week, the Department of Health and Human Services (“HHS”) released new materials for covered entities to use to comply with Section 1557, the nondiscrimination provision of the Affordable Care Act. Section 1557...more

EAT Decision Sheds New Light on Scope of ACAS Code on Ill Health Dismissals

by Reed Smith on

In the recent case of Holmes v Qinetiq Ltd, the Employment Appeal Tribunal (“EAT”) considered for the first time whether the power to increase or decrease an award of compensation for a failure to comply with the ACAS Code of...more

Employment Law Letter - Spring 2016

by Shipman & Goodwin LLP on

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

Open Discussion of Pending Grievances Permitted At School Board Meetings

by Tucker Arensberg, P.C. on

Abington Heights School District (Case No. PERA-C-11-221-E) (Pa. LRB 2015) (Decided December 15, 2015). A Pennsylvania Labor Relations Board hearing examiner determined that the District was permitted to openly discuss...more

Illinois Supreme Court Rules Educational Employers Are Not Required to Arbitrate “Do Not Hire” Designation

by Franczek Radelet P.C. on

When the Chicago Board of Education refused to arbitrate grievances concerning its “do not hire” policy, it did not violate the Illinois Educational Labor Relations Act according to the Illinois Supreme Court. This case...more

Don't Be a Punchline in a B-Horror Movie: When Entering into Settlement Agreements, Make Sure the Claims are Really Dead and...

by Foley & Lardner LLP on

(Spoiler alert) The 1958 cult classic “The Blob”, starring a 28-year-old Steve McQueen, ends with the villainous mass incapacitated, frozen, and dropped into the Arctic Ocean. It seems that humanity is saved. However, just...more

A Non-Material Threat

by Sherman & Howard L.L.C. on

In Brandon v. Sage Corp., No. 14-51320 (5th Cir. Dec. 10, 2015), the Fifth Circuit addressed whether a threat to cut a supervisor’s pay in half was, by itself, a “materially adverse employment action.” The plaintiff was a...more

CAS Legal Mailbag Question of the Week – December 4, 2015

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was surprised the other day to receive a grievance from one of my teachers. This fellow is constantly complaining about this and that, and so I was not surprised that he would file a grievance....more

How to Deal with Grievances During Disciplinary Procedures

by Dechert LLP on

Could UK Employers Risk an Unfair Dismissal Claim if They Do Not Pause the Process? One issue which can trouble HR professionals is how to deal with a grievance lodged by an employee during the course of a disciplinary...more

HHS’S New Anti-Discrimination Regulation Proposal Explained – Part 2

by Dickinson Wright on

This is the second part in a two-part series about the HHS’s proposed anti-discrimination regulations - Gender Identity. Another area addressed in the regulations is “gender identity,” which refers to an...more

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