News & Analysis as of

Grievance Process

Recent Alberta Labour Relations Board decisions highlight tripartite employment relationship in unionized workplaces

by DLA Piper on

It is tempting to think of employment in binary relationships – between employer and employee; between management and the union, and between the union and its membership. In truth, a unionized workplace has a tripartite...more

SCOTUS to Consider "Fair Share" Union Dues by Non-Members in the Public Sector

On September 28, 2017, the Supreme Court of the United States announced that it will grant certiorari in a case that will test the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by...more

Terminated Employee Awarded Aggravated Damages for Employer's Conduct

by Field Law on

Termination of employment can cause an employee a great deal of hardship. This is especially true when allegations of misconduct and insubordination are at play. The case of Lalonde v. Sena Solid Waste Holdings Inc, 2017 ABQB...more

Employer’s Asking Employee “How Things Are Going?,” Prelude to Unlawful Solicitation of Grievances, Board Majority Rules

We are on the verge of the Board majority changing for the first time in approximately a decade. The President’s two appointees, if confirmed, will bring the Board up to a full five members. After the new members are seated...more

For Employee To Be Compelled To Pursue FLSA Claims Pursuant To Contract Grievance Procedures, Language Of CBA Must Be Clear And...

by SmithAmundsen LLC on

On May 15, 2017, the seventh circuit ruled that unless the language in a collective bargaining agreement (“CBA”) explicitly states that the employee must resolve his statutory and contractual rights through the grievance...more

7th Circuit Issues Ruling That Waiver of Statutory Rights under FLSA in Collective Bargaining Agreement Must Be Clear and...

On May 15, 2017, the Seventh Circuit issued its ruling in Vega v. New Forest Home Cemetery, LLC, finding that an employee was not barred from bringing a Fair Labor Standards Act (“FLSA”) claim in a judicial forum, despite his...more

Labour and Employment Alert: Highlights of Bill 17: Alberta's Fair and Family Friendly Workplaces Act

by Field Law on

Bill 17: The Fair and Family-friendly Workplaces Act, was introduced in the Alberta Legislature on May 24, 2017. The Bill is part of the Government of Alberta’s efforts to ensure that “Alberta has fair, modern and...more

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Three Things Health Care Employers Should Know About Affordable Care Act Section 1557

by Baker Ober Health Law on

Health care providers are likely familiar with the Affordable Care Act's (ACA) prohibitions on discriminating against the recipients of their services, but providers also must be mindful that the ACA may also make them...more

Exposé: Illegal attorney solicitation runs wild in Detroit

by Michigan Auto Law on

Until the Attorney Grievance Commission finally takes action to stop it, Detroit will keep paying for illegal attorney solicitation of car crash injury victims... ...more

Through Rain, Sleet, or Snow: The USPS Delivers a Helpful Example of Well-Executed Employment-Related Internal Investigations

by Foley & Lardner LLP on

Remember when the U.S. Postal Service (USPS) conjured up images of disgruntled employees engaging in workplace violence? Those days of incidents, often sparked by employee discontent over unresolved labor grievances and...more

Employers note - Changes ahead in New Zealand

by DLA Piper on

In this update, we signal the changes to employment laws in New Zealand taking place next month that employers need to be aware of. We also look at the new private members bill that might allow an employer to restrict its...more

Avoid Paying The Piper: Tune Your Startup to Avoid Harassment Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Heeding some lessons from HBO’s “Silicon Valley” can help employers avoid mistakes related to potential hostile work environments and discrimination that might occur in a startup environment. In a...more

The new regulatory references regime in the UK

by White & Case LLP on

The UK's Financial Conduct Authority and the Prudential Regulation Authority are introducing a new tool to enhance the accountability regime being rolled out in the financial services sector. On 7 March 2017, the new...more

NFL Owners, Commissioner Consider Question of NFL Conduct Policies Regulating Non-Football Offenses Once Again

by Jackson Lewis P.C. on

New York Jets player Darrelle Revis is entering the third year of his approximately $70 million five-year contract with the team. He is slated to receive a $13 million base salary ($6 million fully guaranteed) and a $2...more

The Ninth Circuit Reiterates State Law Applies to Non-Preempted Claims under the Labor Management Relations Act

by Snell & Wilmer on

The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) recently provided much needed clarification of the standard for when a unionized employee’s claim may be preempted under § 301 of the Labor Management...more

CBAs Must Specifically State Intent to Arbitrate Statutory Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeal has held that unless a collective bargaining agreement includes an explicitly stated, clear and unmistakable, intent to waive the right to a judicial forum for statutory causes of...more

Subway operators fighting decision to staff trains with only one operator, claiming unsafe

by Dentons on

Three Toronto subway operators engaged in a work refusal after the Toronto Transit Commission decided to staff subway trains with only one operator (instead of two). Their union is now fighting a Ministry of Labour...more

NLRB Majority Stuns Nation By Ruling Employer Has Management Right, Chairman Dissents

by Proskauer - Labor Relations on

In another example of the inconsistency of the current state of Board law, a 2-1 majority of the NLRB ruled that an employer not only had a management right but it wasn’t necessary that this right be expressly set forth in...more

EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

by Cohen & Gresser LLP on

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to...more

What Physician Practices and Other Healthcare Providers Need to Know About the Posting and Grievance Obligations Set Forth in the...

by Dickinson Wright on

Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability. Recently, the Federal Office for Civil Rights (“OCR”) issued a Final Rule clarifying...more

Bring in the TV Cameras: NLRB and D.C. Circuit Find Employees Airing Grievance in Media is Protected Activity

An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more

Split D.C. Circuit Panel Upholds NLRB: DirecTV Violated NLRA By Terminating Technicians For Statements Made During A News...

In a 2-1 ruling in DirecTV Inc. v. National Labor Relations Board, the U.S. Court of Appeals for the D.C. Circuit affirmed the NLRB’s ruling that DirecTV must reinstate technicians who were terminated for complaining about a...more

Does the ACAS Code Apply to SOSR Dismissals?

by Faegre Baker Daniels on

In Phoenix House Ltd v Stockman UKEAT/0264/15, the Employment Appeal Tribunal (EAT) considered whether the ACAS Code of Practice on Disciplinary and Grievance Procedures (Code) applies to dismissals for “some other...more

HHS Issues Final Non-Discrimination Rules for Healthcare Providers

Healthcare providers and others who receive federal financial assistance are now subject to new non-discrimination rules and notice requirements under the Affordable Care Act. The new regulation prohibits discrimination in...more

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