News & Analysis as of

Union Representatives

Epic NLRB Benchslap

by Sherman & Howard L.L.C. on

An agreement between the UFCW and the Fred Meyer grocery store chain restricted the union’s ability to visit with store employees in public view. But things went south when the UFCW declared war on Fred Meyer. Some eight...more

AB 119: What Public Employers Need to Know about their Obligations to Give Unions Access to New Employees - Information, Access...

by Best Best & Krieger LLP on

Last week Gov. Jerry Brown signed Assembly Bill 119 into law, which requires public employers to provide union representatives access to new employees during their orientations. This bill defines employee orientation as the...more

Macron’s Reforms

by Bryan Cave on

Emmanuel Macron was elected one month ago promising to reform France’s employment regulations. It’s too early to determine if Mr. Macron will succeed in opening up the French labor market and much will depend on the result of...more

OSHA Walks Back Guidance on Third Parties Participating in an OSHA Inspection at a Non-Unionized Workplace

by Hodgson Russ LLP on

On February 21, 2013, Deputy Assistant Secretary Richard E. Fairfax issued an OSHA Letter of Interpretation suggesting that non-unionized workers without a collective bargaining agreement have a right to designate a...more

DC Circuit “Busts” NLRB’s Finding of Weingarten Violation by Las Vegas Casino

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A three-member panel of the U.S. Court of Appeals for the D.C. Circuit put the National Labor Relations Board “on tilt” when it overturned a decision finding that Bellagio, LLC violated Section 8(a)(1) of...more

OSHA Withdraws Union Representative Walk-Around Letter of Interpretation

On April 25, 2017, the Occupational Safety and Health Administration (OSHA) officially rescinded its 2013 letter of interpretation that many viewed as a clear bow to organized labor by the previous administration and that had...more

NLRB Denies Petition to Use Its Rulemaking Power to Extend Weingarten Rights to Nonunion Employees

by McGuireWoods LLP on

On May 3, 2017, the National Labor Relations Board unanimously denied a petition filed by a former NLRB attorney asking the Board to grant nonunion employees the right to have a representative present during investigatory...more

OSHA Rescinds Guidance Allowing Nonunion Employees to Select Union Representatives to Participate in OSHA Inspections

by McGuireWoods LLP on

On April 25, 2017, the Occupational Safety and Health Administration’s Deputy Assistant Secretary released a memo withdrawing a 2013 interpretation that allowed nonunion employees to designate a union representative to...more

OSHA Advisory: OSHA Drops Controversial Inspection Interpretation

by Sherman & Howard L.L.C. on

Last week, OSHA rescinded a controversial 2013 interpretation letter that allowed union representatives – including organizers – to participate in OSHA inspections at non-union workplaces. Many employers and employer groups...more

NLRB Won’t Create Rule Extending To Nonunion Workers Right To Have Union Rep At Disciplinary Interview

by Jackson Lewis P.C. on

The National Labor Relations Board has decided not to exercise its discretionary authority to engage in rulemaking at this time to reverse the Board’s decision in IBM Corp., 341 NLRB 1288 (2004), and extend Weingarten rights...more

OSHA Rescinds Rule on Union Reps Participating in Safety Walk-Throughs

by Stoel Rives LLP on

The federal Occupational Safety and Health Administration (“OSHA”) announced late last week that it was rescinding its 2013 “Fairfax” memorandum, which allowed union representatives to participate in workplace safety...more

OSHA Rescinds its Union Non-Employee “Walk-Around” Rights Interpretation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a victory for employers, OSHA has rescinded its policy allowing union representatives to participate in OSHA inspections of non-union employers....more

Bellagio v. NLRB: the DC Circuit Reins in the NLRB’s Expansive Take on Weingarten Rights, and a Sign of (NLRB) Things to Come

by Hirschfeld Kraemer LLP on

Last week, in the case of Bellagio LLC v. National Labor Relations Board, the Circuit Court for the District of Columbia determined that the Bellagio Hotel and Casino in Las Vegas did not interfere with a bellhop’s...more

OSHA Rescinds Policy Allowing Union Access to Nonunionized Facilities

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities. Under a...more

OSHA Dumps Crocodile Dundee Rule

by Sherman & Howard L.L.C. on

You may recall from the Crocodile Dundee movies that Dundee was a big fan of walkabouts in the Australian outback…and Manhattan. A while back OSHA began encouraging walkabouts of a sort....more

OSHA Walks Back Allowing Union Representatives on "Walkarounds"

by Faegre Baker Daniels on

Heralding a shift at the Occupational Safety and Health Administration (OSHA), the Department of Labor has confirmed that an Obama administration OSHA memorandum permitting union or community organization representatives to...more

OSHA Rights its Course: Only Authorized Union Agents and Employees Can Participate During OSHA Inspections

by Littler on

Four years ago, in a letter of interpretation addressed to Steve Sallman of the United Steelworkers of America (the Sallman Letter), the federal Occupational Safety and Health Administration (OSHA) changed more than 35 years...more

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

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