Unions

McAfee & Taft Employer LINC: LABOR LAW UPDATE - Pro-union poster rule strikes out

by McAfee & Taft on 5/22/2013

During the last several years, the National Labor Relations Board has taken an increasingly active stance in promoting unions and union organizing efforts. Yesterday, the U.S. Court of Appeals for the District of Columbia...more

Do You Know the Seven Factors That Comprise "Just Cause"?

by David Froiland | Foley & Lardner LLP on 5/21/2013

The “just cause” standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with “just cause”). However, the standard also has...more

Community College District Required To Negotiate With Union Over The Effects Of Its Decision To Install Security Surveillance...

by Marsha Bedwell, Christian M. Keiner, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 5/21/2013

In California School Employees Association & Its Chapter 417 v. Rio Hondo Community College District (PERB Decision No. 2313, March 21, 2013), the PERB considered whether a community college district violated the EERA when it...more

Union Barred From Appealing Safety Issue Not Yet Decided By MOL Inspector: OLRB

by Dentons on 5/21/2013

Does a broken foot constitute a “critical injury” under the Occupational Health and Safety Act? Because the Ministry of Labour inspector had not yet considered that issue, a union was prohibited from raising the issue on...more

More on CFPB employee vote to unionize

by Mark J. Furletti | Ballard Spahr LLP on 5/20/2013

As we reported last week, the National Treasury Employees Union (NTU) won an election to represent over 800 of the CFPB’s 1,200 employees. The vote was 378 in favor and 86 against....more

CFPB employees unionize

by Barbara S. Mishkin | Ballard Spahr LLP on 5/20/2013

According to a report from Politico, CFPB employees voted last week to join the National Treasury Employees Union, a federal union that also represents employees at other financial regulators, including the FDIC, OCC and SEC....more

NLRB Continues To Scrutinize Social Media Policies And Activities

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/20/2013

Recent decisions from the full National Labor Relations Board (NLRB) as well as an NLRB Administrative Law Judge (ALJ) highlight the fact that social media policies and employee communications remain on the agency's radar and...more

New Employee Privacy and Union Voting Rights Laws in Virginia Go Into Effect July 2013

by Thomas J. Flaherty, Rebecca Roche | Littler on 5/20/2013

Virginia has enacted two new laws that are intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. One law guarantees the right to vote in a secret ballot election. The...more

Party Foul! NLRB Orders Reinstatement and Back Pay for Party Bus Guide After Finding Facebook Postings Amount To Protected Union...

by Chris Brown, Alexandra Stathopoulos, Michael Weil | Orrick - Global Employment Law Group on 5/16/2013

Providing yet another example of how online social networking can amount to protected conduct under the National Labor Relations Act, the NLRB ruled earlier this month in New York Party Shuttle, LLC and Fred Pflantzer, CN:...more

Labor & Employment E-Note - May 14, 2013

by Amy Jordan, Bryance Metheny, John Paul Nefflen, Thomas Potter, III | Burr & Forman on 5/15/2013

In This Issue: - Court Rules NLRB's Workplace Union Notices Violated Law - NLRB Urges Regional Directors to Maintain High Settlement Rate - EEOC Seeing Rising Number of Age Discrimination Complaints - OSHA...more

Another Business Owner Caught By Withdrawal Liability

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/14/2013

I have blogged before [May 16, 2012, November 21, 2012, April 23, 2012, May 15, 2012, September 5, 2012] about the liability that can be imposed on businesses whose union employees participate in a multiemployer pension plan...more

Legal Alert: Fast Food Walkouts May Be Just Beginning

by Alec Beck | FordHarrison on 5/14/2013

The well-publicized citywide fast food walkout in New York City on April 4, followed by another in Chicago on April 24, appear to be just the beginning of efforts to pressure fast food restaurants into paying higher wages....more

Michigan Ban on School Employee Union Dues Deductions Legal

by Beverly Hall Burns, M. Misbah Shahid | Miller Canfield on 5/13/2013

In a split opinion Thursday, a federal appeals court cleared the path toward implementing a 2012 Michigan law barring public school employers from collecting union dues from their employees. ....more

At-Will Employment

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/10/2013

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

Safety Professional Was Unionized Position: Arbitrator

by Adrian Miedema | Dentons on 5/9/2013

An employer has been unsuccessful in its bid to keep a newly-created “capital safety planner” position out of a union bargaining unit....more

Breaking: No NLRB Union Posters, Says Appeals Court

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/8/2013

A while back, the NLRB proposed that all employers would need to put up posters detailing employee rights to form a union. If employers did not, then the employers could be subjected to an unfair labor practice charge — a...more

Right-to-Work’s Impact on Union Membership in Michigan

by Matthew A. Carmona | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/3/2013

Michigan’s two right-to-work laws became effective on March 28, and have likely left many wondering how they impact their own workplaces and what effect they will have on union membership in the future. Essentially, the laws...more

Why Non-Unionized High Tech Companies Still Need to Pay Attention to the National Labor Relations Board

by Valerie Menager | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/1/2013

Overview - The National Labor Relations Board (NLRB) is the agency that administers the National Labor Relations Act (NLRA), which is the law that protects employee rights to unionize and collectively bargain with...more

NLRB who? Why do I care if I don't have a union?

by Jo Ellen Whitney | Davis Brown Law Firm on 4/30/2013

Most non-union employers think that the National Labor Relations Act is not applicable to their work force. Unfortunately, if that is what you think, your local NLRB office will be happy to point out how wrong you are. As we...more

San Jose Minimum Wage is Now $10.00 Per Hour

by Betsy Johnson | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

On November 6, 2012, the City of San Jose approved a Minimum Wage Ordinance (MWO) that became effective on March 11, 2013. Under the MWO, the minimum wage for “covered employees” working within the city limits of San Jose...more

SAG-AFTRA Board Approves Commercials Contracts

by Sara Perry | Heenan Blaikie LLP on 4/25/2013

At its national meeting held April 20-21, 2013 in Los Angeles, California, SAG-AFTRA's national board of directors approved the recently negotiated television and radio commercials contracts. The tentative deal was reached...more

OSHA Changes Course: Will Allow Outside Representatives, Including Union Agents, to Enter Non-Union Worksites During OSHA...

by Ben Hugget | Littler on 4/24/2013

In a letter of interpretation dated February 21, 2013 (but only publicly released on April 5), the federal Occupational Safety and Health Administration (OSHA) states that, during inspections of non-union workplaces,...more

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