News & Analysis as of

Union Representatives

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more

NLRB Finds Employer Did Not Need to Provide a Union Representative During a Police Interrogation During Which Management Was...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The NLRB held that American Medical Response of Southern California (“AMR”) did not violate an employee’s rights during a police investigation of an EMT’s gun violence threat by not providing the EMT with a...more

Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union...more

Employment News - January 2017 #2

by Hogan Lovells on

Change of plan – redundancy four months after TUPE transfer was for ETO reasons - The claimant in Davies v Droylsden Academy was a venue lettings manager for a company which provided premises services for schools. She...more

Work-refusing employee did not have right to delay investigation for 2 hours until her preferred union representative could attend

by Dentons on

A correctional officer did not have the right to delay her employer’s investigation of her work refusal for two hours while her preferred union representative attended to “personal” matters. The correctional officer’s...more

Dictamen sobre la iniciativa de decreto por el que se reforman y adicionan diversas disposiciones de la Constitución Política de...

by Littler on

El pasado 13 de octubre de 2016 se aprobó por unanimidad dentro del Senado de la República el proyecto de reforma por el que se modifican y adicionan diversas disposiciones de la Constitución Política de los Estados Unidos...more

Mexico: Senate Approves Initiative to Amend Labor Justice Provisions of Mexican Constitution

by Littler on

On October 13, 2016, the Senate of the Republic unanimously approved an initiative that amends several of the Labor Justice provisions of the Mexican Constitution regarding employment dispute hearings and union...more

Loi Travail : l'accord de groupe renforcé

by Proskauer Rose LLP on

Effective for agreements concluded after 10 August 2016, four new provisions from the Labor Law reinforce the place of the group agreement in the conventional landscape: 1. When a group of agreement expressly provided,...more

Loi Travail : plus d’heures de délégation pour les délégués syndicaux

by Proskauer Rose LLP on

Since August 10, 2016, the delegation of hours granted to union representatives increased 20%. Each Steward now enjoys (Labour, Article L. 2143-13, as amended..)...more

Board Ties Judges’ Hands In Settling Cases Directly

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Overturning 25 years of precedent, the NLRB rules that an ALJ may only enter an order approving and incorporating settlement terms proposed by a respondent over the objections of the General Counsel and...more

CAS Legal Mailbag Question of the Week - April 2016 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I know it may seem like a silly question, but do teachers ALWAYS have a right to a union representative at a meeting with an administrator? Recently, I invited my art teachers in for a meeting to...more

Be Aware of Public Employees Disciplinary Proceedings Protections: Loudermill, Wiengarten and Garrity

This post is primarily for public sector employers such as state agencies, municipalities and districts. By virtue of being employed by the government and quite likely represented by a labor union, public sector employees in...more

Do Your Employees Have the Right to a Union Rep During a Drug Test?

On August 27, 2015, a three-member panel of the National Labor Relations Board (NLRB) issued Manhattan Beer Distributors, LLC and Joe Garcia Diaz, (29-CA-115694) finding that an employer had unlawfully denied an employee his...more

NLRB: Peer Review Obligations Trumped by NLRA

by Polsinelli on

On August 27, 2015, the National Labor Relations Board (“NLRB”) held that a Kansas hospital must afford an employee Weingarten rights before a nursing Peer Review Committee, allow the union access to peer review documents and...more

NLRB: Nurses Entitled to Union Representation at Peer Review Meeting

by BakerHostetler on

The NLRB, in an August 27, 2015, decision, held that two nurses who were requested to voluntarily appear before a hospital’s Nursing Peer Review Committee were entitled to have their union representatives attend the peer...more

Deflategate for Labor Lawyers

by Franczek Radelet P.C. on

With the NFL season just beginning, and Tom Brady leading the New England Patriots to victory over the Steelers, we decided to provide you with a bit of football-inspired labor law. On September 3, 2015, Judge Robert Berman...more

Drug Test Entitles Workers to Union Rep

by Sherman & Howard L.L.C. on

The NLRB says sending a worker for a drug test is the same as disciplinary action and the worker gets to be accompanied by a Union representative. Manhattan Beer Distribs. LLC, 362 N.L.R.B. No. 192 (August 27, 2015). In this...more

Is the NLRB Outlawing Confidentiality Policies?

by Franczek Radelet P.C. on

The National Labor Relations Board (“Board”) recently issued its decision in The Boeing Company case. The Board found that Boeing’s confidentiality policy regarding internal investigations violated the National Labor...more

Missouri School Boards, Cities, and Counties: Consider Enacting Ordinance Providing for Secret Ballot Union Elections for Certain...

Article I, Section 29 of the Missouri Constitution gives employees “the right to organize and to bargain collectively through representatives of their own choosing.” For most public sector employees, Chapter 105 of the...more

Someone’s Knocking: If It’s the Union, Don’t Let Them in

by Foley & Lardner LLP on

The National Labor Relations Act protects employee solicitation of other employees and distribution of literature to form or join a union or to engage in other “concerted” activities. However, employers have the ability to...more

Disciplinary Investigations of Employees – Three Names to Know

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

NLRB Overturns 37-Year Precedent Regarding Duty to Provide Witness Statements to Unions

by Hodgson Russ LLP on

On June 26, 2015, the National Labor Relations Board (NLRB) reversed its 37-year precedent, ruling in American Baptist Homes of the West, d/b/a Piedmont Gardens, that employers must disclose to unions confidential witness...more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

by Foley & Lardner LLP on

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...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

NLRB Division of Advice Finds No Weingarten Rights in Vehicle Search

by Franczek Radelet P.C. on

Last week, the National Labor Relations Board’s Division of Advice issued a Memorandum finding that an employer’s search of a company vehicle regularly driven by an employee did not trigger the employee’s Weingarten rights....more

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