Collective Bargaining

News & Analysis as of

AUSTRALIA: FIFA Club World Cup Pay Dispute & Contractual Bonus Insurance

The Western Sydney Wanderers, an A-League football club and the reigning winners of the Asian Champions League, are engaged in a dispute with its players over their share of the prize money in the upcoming FIFA Club World Cup...more

School Districts: New York State Court of Appeals Upholds Decision Invalidating Teacher Discipline (12/14)

In another blow to school districts’ ability to address problem teachers, the New York State Court of Appeals recently upheld the Appellate Division, Fourth Department decision in Kilduff v. Rochester City School District,...more

Did You Know…Cybersecurity Made More Complicated by the NLRB

The National Labor Relations Board has recently inserted itself into the world of cybersecurity after the United States Postal Service suffered a security breach involving the personal data of several hundred thousand of its...more

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

Amendment to IPLRA Would Make Minimum Firefighter Staffing a Mandatory Subject of Bargaining Passes Senate, Awaits Governor...

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

Elimination of Vacation and Sick Day Accruals. Can that be Legal?

According to a November 17, 2014 article in LAobserved.com highlighted by the Los Angeles Business Journal, exempt non-union Los Angeles Times employees as of January 1, 2015 will no longer be able to accrue vacation days,...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

WARNING: Your Collective Bargaining Agreement (CBA) May Not Protect You

In the past few years, thousands of companies have been targeted by opportunistic plaintiffs’ lawyers looking to make money from hyper-technical violations of state and federal wage and hour laws. Regardless of the...more

Airline Industry Alert: RLA System Board Rules That Cessation of Operations as an Air Carrier Resulted in Termination of the CBA

In a recent decision, an RLA System Board of Adjustment has ruled that unilateral termination of a pilot retiree health insurance plan was permissible because the underlying CBA had terminated....more

Trends in New Jersey Employment Law - October 2014

Four More New Jersey Cities Enact Sick Leave Laws - Four New Jersey municipalities—Passaic, Paterson, Irvington, and East Orange—recently enacted ordinances requiring employers to provide paid sick leave to their...more

Businesses Anxiously Await NLRB Decision on Joint Employer Standard

Many are up in arms following a memorandum issued by the General Counsel of the National Labor Relations Board (NLRB) authorizing employees of a national restaurant chain to argue that the franchisor is jointly responsible...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

Putative Class Members Not Lovin’ It – Court Denies Conditional Certification of Supersized McDonald’s FLSA Class of More Than...

McDonald’s, the fast food giant known for supersizing its orders, avoided conditional certification of an FLSA collective action this week based on the “very large” size of the putative class. The Eastern District of Michigan...more

The Creeping Union Part II: Why You Should Start Planning Now

In our last post, we summarized the 2011 Specialty Healthcare decision and the potential for the NLRB to recognize an unduly burdensome number of smaller collective bargaining units. So far, cases interpreting Specialty...more

California Court of Appeal Holds Provision in Collective Bargaining Agreement Requiring On-Duty Meal Periods Meets Statutory...

In Araquistain v. Pacific Gas & Electric Co. (August 27, 2014) --- Cal. App.4th ---), the California First District Court of Appeal considered whether a provision in a valid collective bargaining agreement requiring...more

Labor & Employment E - Note - August 2014

In This Issue: - S.E.I.U. Helps Fast-Food Workers Battle for $15 an Hour Wage - Obama Announces Fair Pay and Safe Workplaces Executive Order - Silicon Valley Hiring Conspiracy Settlement Insufficient, Judge...more

Recent NLRB Retail Rulings Muddy the Micro-Unit Waters

At the end of July, the National Labor Relations Board (NLRB) issued two decisions under its controversial Specialty Healthcare standard, approving of one “micro unit” and disavowing another in the retail context. The NLRB’s...more

ALJ Declares NLRB’S Dues Checkoff Termination Decision a Dead Letter

In WKYC-TV, Inc., 359 NLRB No. 30 (2012), the NLRB overruled 50 years of precedent under Bethlehem Steel, 136 NLRB 1500 (1962), and held that going forward, employers could not unilaterally end dues checkoff at the expiration...more

NLRB Boosts 'Micro Units' With Macy's Decision

In 2011, the National Labor Relations Board (NLRB) issued a memorable decision in Specialty Healthcare and Rehabilitation Center of Mobile. The ruling, which was eventually upheld by a federal court of appeals, dealt a blow...more

Micro Unions Are Here to Stay: Cosmetics Workers Made Up for Unionizing But Shoes Salespeople Need to Find a Better Fit

The question – or controversy, depending on who you talk to – about the propriety of “micro-units” or “micro-unions” has been a pressing issue for employers since the National Labor Relations Board issued its Specialty...more

Really? Requiring Someone To Use Information “Fairly And Lawfully” Can Be Illegal?

Companies have lots of very good reasons for adopting codes of conduct. These reasons include: - Ensuring compliance with applicable exchange listing rules (e.g., NYSE Rule 303A.10 and NASDAQ Rule 5610); -...more

The Houston Astros and a Compliance Defense in the FCPA

The Astros act like a corporation and like almost all corporations they look to pay the absolute cheapest that they can to get something. Those who advocate that there be a compliance defense added to the FCPA miss this...more

The future of industrial action

Nicholas Jew, a Partner in our Birmingham office comments: 10 July 2014 may well be remembered as marking a potentially seismic shift in the UK Government’s approach to industrial action. On this day, an estimated one million...more

A Review of the Supreme Court’s 2013-2014 Term

The United States Supreme Court concluded its 2013-2014 term by issuing decisions in several highly publicized employment and employee benefits cases during the Court’s final scheduled sessions, including Noel Canning,...more

Un-Vacated: Appellate Courts Save Arbitration Awards

In SPX Corp. v. Garda USA, Inc., __A.3d__, 2014 WL 2708631 (Del. June 16, 2014), the Delaware Court of Chancery vacated an arbitration award (under its state arbitration act) after concluding the arbitrator manifestly...more

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