Collective Bargaining

News & Analysis as of

PAC Rules Collective Bargaining Preparatory Meetings are Subject to OMA

In a non-binding opinion, the Public Access Counselor (PAC) held that a school district violated the Open Meetings Act (OMA) when the board’s negotiations team, which included three board members, held a meeting to discuss...more

Can I Get A Witness (Or At Least A Witness Statement)? NLRB Rules Witness Statements Are Now Fair Game

For over 35 years, the National Labor Relations Board (NLRB) held that witness statements obtained by unionized employers during pre-arbitration investigations were exempt from disclosure to the union. However, on June 26,...more

Texts, Lies and Footballs: Tom Brady, “Deflategate,” and What’s Next?

Since we last discussed “Deflategate,” New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his...more

Appellate Court Notes

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Governor Rauner and AFSCME Extend Master Agreement, But Only Through September

Earlier this week, Governor Rauner and AFSCME Council 31, the union representing almost 40,000 state workers, agreed to temporarily extend the terms of the 2012-2015 collective bargaining agreement (CBA) and prohibit a strike...more

Update: Amendments to San Francisco Retail Workers Bill of Rights Take Effect

Less than one week after the San Francisco Retail Workers Bill of Rights became effective, it was amended in several ways that impact employers’ compliance obligations going forward....more

Multiemployer Pension Plans - Withdrawal Liability is Mounting

There are approximately 1,400 multiemployer pension plans and nearly 10 percent are projected to become insolvent within the next 15 years. Plan insolvency will trigger a termination and the assessment of withdrawal...more

Looming Pay Hikes, Unions and Enforcement: A Primer on LA’s Increased Minimum Hotel Wage

Major metropolitan areas throughout the country have planned minimum wage increases to be implemented over the next few years. On June 3, 2015, Los Angeles joined a growing list of cities that includes San Francisco, Oakland,...more

Changes to the S.F. Formula Retail Employee Rights Ordinances

As our loyal CalPecs blog readers know, in November 2014, San Francisco passed two ordinances—“Hours and Retention Protections for Formula Retail Employees” and “Fair Scheduling and Treatment of Formula Retail...more

The legality of employee strike action

Welcome to Reed Smith’s Monthly Global Employment Law blog post. This month’s post covers the legality of employee strikes in five key jurisdictions: France, Germany, Hong Kong, the UK and the United States. France...more

Let’s Get Ready to Rumble

The summer of 2015 should be very interesting for the Big 3 and suppliers alike. The collective bargaining agreements for the Big 3 will expire on September 14, 2015. Initial negotiations with the UAW are scheduled to...more

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In...more

Verfassungsbeschwerden gegen Tarifeinheitsgesetz eingelegt

Gegen das seit einer knappen Woche geltende Gesetz zur Tarifeinheit liegen nun zwei Verfassungsbeschwerden vor. Eingereicht haben sie der Marburger Bund sowie die Pilotenvereinigung Cockpit. Gleichzeitig mit der Einlegung der...more

NLRB Considers Combining Employees, Contract Labor in Bargaining Units

The National Labor Relations Board (NLRB), via today’s announcement, is inviting interested parties to submit briefs on whether it should permit bargaining units comprised of both regular employees and temporary workers...more

Supreme Court to Hear Challenge to Public Sector Union Fees for Non-Members

On June 30, the United States Supreme Court agreed to hear a long-awaited challenge to the practice of allowing unions to collect fees from public sector employees who do not wish to be union members. In the more than 20...more

California Doesn't Care Where Your Headquarters Are Located – Your Employees May Be Covered Under its New Mandatory Paid Sick...

Are you a non-California company with employees who work in California from time to time? California's Healthy Workplaces, Healthy Families Act of 2014 ("the Act") provides for mandatory paid sick leave to any employee...more

Achieving change – active employee engagement is crucial

Last year, we wrote about the 7 lessons for successful bargaining which highlighted that “tit for tat” communications rarely lead to a successful bargaining outcome. We regularly see that leading the communication agenda...more

Fortgeltung von Bezugnahmen auf Tarifverträge nach Betriebsübergang auf dem Prüfstand

Arbeitsverträge enthalten häufig so genannte dynamische Bezugnahmeklauseln auf Tarifverträge. Diese Klauseln ordnen an, dass die Regelungen eines Tarifvertrages in ihrer jeweils gültigen Fassung für das Arbeitsverhältnis des...more

Ninth Circuit Holds No Status Quo Obligation During First Contract Negotiations Under Railway Labor Act

On June 8, 2015, in International Brotherhood of Teamsters, Airlines Division v. Allegiant Air, LLC, No. 14-16465 (June 8, 2015), the Ninth Circuit Court of Appeals ruled that under the Railway Labor Act (RLA), employers are...more

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

Ninth Circuit Overturns Injunction Against Air Carrier’s Unilateral Work Rule Changes During Bargaining for First Contract

The Railway Labor Act (RLA) did not require Allegiant Air to maintain the status quo with respect to work rules negotiated with an uncertified employee advocacy group during bargaining for a first contract with the Teamsters,...more

General Assembly Bans Strikes by State Workers, Expands Right to Interest Arbitration

Earlier this month, the Illinois General Assembly passed legislation that drastically changes the collective bargaining landscape for State of Illinois employees. Senate Bill 1229 requires the use of interest arbitration...more

NLRB Upholds Unilateral Changes in Negotiated Employee Benefits

In an era when the National Labor Relations Board seldom finds actions by employers to be reasonable, that agency recently issued two decisions finding that a unilateral change in employee benefits provided under a collective...more

Supreme Court Tightens Standards for Vesting of Retiree Medical Benefits

In January of this year, the U.S. Supreme Court, in M&G Polymers USA LLC v. Tackett, ruled against a group of retirees by vacating a Sixth Circuit decision holding that a collective bargaining agreement created a vested right...more

Supreme Court Rules that Plan Fiduciaries Owe a Fiduciary Duty to Periodically Review Plan Investments

In a unanimous decision, the U.S. Supreme Court in Tibble v. Edison International held that plan fiduciaries owe an ongoing duty to review plan investments periodically to ensure compliance with their obligations under the...more

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