News & Analysis as of September 19, 2024

Union Membership

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

NLRB Finds Business Closure Illegal But Backs Off Order to Reopen

Littler on 2/13/2023

In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for unionized employers seeking to close...more

New Year Cheer from the NLRB

Akerman LLP - HR Defense on 1/7/2020

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

NLRB Reaffirms Alan Ritchey Doctrine with New Make-Whole Twist

Seyfarth Shaw LLP on 9/29/2016

Seyfarth Synopsis: The Board reaffirmed, prospectively, the Alan Ritchey doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated prospective...more

Discrimination Class Certified Based On Union’s Job Referral Policies Despite Third-Parties’ Discretion In Hiring

Seyfarth Shaw LLP on 9/28/2016

Seyfarth Synopsis: African American pipefitters filed a class action against their labor union based on its allegedly discriminatory system for referring jobs to union members. Despite the fact that third-party employers...more

Indiana Supreme Court Upholds Right–to-Work Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/12/2014

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

Indiana Supreme Court Upholds Right to Work Law

Faegre Drinker Biddle & Reath LLP on 11/11/2014

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

Dorsey & Whitney LLP on 11/4/2014

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

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