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Report Link NMB's Notice of Proposed Rulemaking.Ford & Harrison LLP - November 03, 2009 On October 29, 2009, Harry Hoglander and Linda Puchala, two members of the National Mediation Board (NMB), submitted a Notice of Proposed Rulemaking with the Federal Register. As we noted in our October 30, 2009 Legal Alert, the proposal would result in the outcome of union elections being determined by a majority of the employees who vote, rather than requiring a majority of the employees in the craft or class to vote for representation, as currently is the case. The proposal would also change the election ballot by providing employees the option to register a "no" vote. Please click here to view a copy of the Notice of Proposed Rulemaking. Report Link Airline Legal Alert: Hoglander and Puchala Propose to Change NMB Voting Rules.Ford & Harrison LLP - November 02, 2009 On October 29, 2009, two members of the National Mediation Board (NMB), Harry Hoglander and Linda Puchala, submitted a Notice of Proposed Rulemaking for publication in the Federal Register, proposing to change the "majority of the craft or class" voting rule that the NMB has used throughout its 75-year history. The proposal would result in the outcome of union elections being determined by a majority of the employees who vote, rather than requiring a majority of the employees in the craft or class to vote for representation, as currently is the case. The Chairman of the NMB, Elizabeth Dougherty, dissented from the proposal. Report Link Airline Legal Alert: NMB Rules Under Union Siege.Ford & Harrison LLP - October 06, 2009 In a blatant effort to take advantage of a change in the membership of the National Mediation Board (NMB), unions have petitioned the NMB to alter its longstanding procedures on how representation elections are conducted. Report Link Airline Management Letter (March 2009).Ford & Harrison LLP - March 16, 2009 Ninth Circuit Holds that RLA Does not Pre-empt Employees' State Law Claims; NMB Finds Delta and Northwest Operate as Single Transportation System; House Passes Airline Flight Crew Technical Corrections Act; Federal Court Finds Flight Attendant Candidates Not Entitled to Compensation for Time Spent in Training; OSHA Orders American Airlines to Reimburse Pilots for Sick Time; Save the Date: Ford & Harrison's 2009 Airline Labor and Employment Law Symposium. Report Link Airline Legal Alert: New FMLA Regulations, Amendments, and Forms Effective in One WeekFord & Harrison LLP - January 09, 2009 All air carriers should be prepared for the new, expansive Family and Medical Leave Act (FMLA) regulations, which were issued by the Department of Labor (DOL) in November 2008, to take effect on January 16, 2009. Report Link Recent Election Results Will Likely Impact Airline Employers.Ford & Harrison LLP - November 12, 2008 Airline employers, like other business groups, should be prepared for possible regulatory and legislative changes as the balance of power in Washington shifts to the Democrats in the wake of the 2008 elections. Although the currently proposed changes to the National Labor Relations Act (NLRA) identified as the Employee Free Choice Act (EFCA) will not directly affect airlines and other employers covered by the Railway Labor Act (RLA), recent Congressional criticism of the National Mediation Board's election rules and release policies may portend future attempts to change these procedures as well. Report Link Airline Management Letter.Ford & Harrison LLP - May 30, 2008 American Airlines Did Not Violate ADEA by Reassigning Flight Engineers; Ninth Circuit Finds that NLRB Erred in Asserting Jurisdiction over Dispute Among ALPA, DHL and ABX; Court Rules in Favor of Employer on Corporate Pilots’ Age Discrimination Claims; American Airlines Will Settle Pilot USERRA Class Action; Airlines Facing Class Action Lawsuits for Service Fees for Curbside Check-In; Bankrupt Airlines Sued for Violations of the WARN Act; Recent Election Results. Report Link Airline Management Letter (February 2008)Ford & Harrison LLP - February 12, 2008 President Signs Bill Expanding FMLA Protection for Military Family Members; President Signs Law Permitting Pilots to Fly Until Age 65; FAA Issues Two Legal Interpretations Regarding the Age 65 Law; Allegheny-Mohawk LLPs Included in Appropriations Act; Sixth Circuit Provides Some Clarification on Calculating Flight Attendant Hours for FMLA Eligibility; FAA Advisory Circular Interprets PRIA To Require Production of All Records Related to Termination; Recent Election Results. Report Link FAA Advisory Circular Interprets PRIA to Require Production of All Records Related to Termination.Ford & Harrison LLP - November 30, 2007 The Federal Aviation Administration (FAA) recently released an Advisory Circular clarifying which termination records must be released under the Pilot Records Improvement Act (PRIA). According to the new AC, all termination records must be released, regardless of whether those records relate to pilot competency. Report Link Airline Management Newsletter: May 2007 (pdf).Ford & Harrison LLP - June 06, 2007 Second Circuit Prohibits Northwest Flight Attendants From Striking Over Pay Cuts;
Bankruptcy Court Refuses To Modify § 1113 Order; PSA Airline’s Stock Clerks Decertify the IBT;
Comair and Pilots Reach Agreement on Concessions; Flight Attendants Cannot Challenge Arbitration Award in Federal Court; ARB Dismisses Reinstated Pilot’s AIR 21 Complaint;
Recent Election Results. Report Link Allegheny-Mohawk LPP Amendment Added to FAA Reauthorization Bill.Ford & Harrison LLP - May 22, 2007 On May 16, the Senate Commerce Committee added an amendment to the FAA Reauthorization bill (the Aviation Investment and Modernization Act of 2007, S.1300) that would impose Allegheny-Mohawk Labor Protective Provisions (LPPs) on any future airline mergers or acquisitions. If the bill is approved with this amendment, it will significantly impact the financial feasibility of future airline mergers and acquisitions. It could also nullify existing merger provisions in collective bargaining agreements negotiated between airlines and unions. Report Link Airline Management Newsletter (pdf)Ford & Harrison LLP - March 02, 2007 Highlights: Hours Spent on Call Reserve by Pilot Do Not Count Toward FMLA Eligibility; Airline Did Not Perceive Flight Attendant as Disabled Because of Side Effects of Medication; Airline Did Not Violate Title VII by Discharging Muslim Pilot for Being in a Bar in Uniform; DOL Clarifies Protected Activity in Sarbanes-Oxley Whistleblower Cases; Recent Election Results; Ford & Harrison Continues National Expansion. Report Link Airline Legal Alert: NMB Announces Internet Voting.Ford & Harrison LLP - February 05, 2007 The National Mediation Board (NMB) has announced that, effective October 1, 2007, it plans to add the option of voting via the Internet in the representation elections it conducts under the Railway Labor Act. The NMB will retain the Telephone Electronic Voting (TEV) system it currently uses, and employees will have the option of voting via either TEV or the Internet. According to the NMB’s announcement, the agency believes that offering Internet voting in addition to TEV will enhance its ability to conduct representation elections fairly and effectively. The NMB will be conducting a mock election among representatives of carriers and labor organizations to evaluate the system. The NMB also proposes revisions to Section 13 of its Representation Manual to reflect the introduction of the Internet voting option. Report Link Airline Management Newsletter (pdf).Ford & Harrison LLP - October 19, 2006 Highlights: Federal Court Bars AFA From Self-Help Against Northwest Following Contract Rejection; Bankruptcy Court Permits Comair To Reject Flight Attendant's Contract; Recent Election Results; Revision of Pension Law Includes Special Provisions For Airlines. Report Link Airline Management Newsletter (pdf)Ford & Harrison LLP - April 13, 2006 DOL Issues Final USERRA Regulations;DOL Announces Grace Period for Filing Information Regarding Finaicla Transactions with Unions; Plaintiff's Can Proceed with ERISA Claims Against US Airways; Ford & Harison Consultant Jerry Glass Speaks at Webcast; 2006 Labor and Employment Law Conference; Arbitrator Upholds Termination of CCAir Inc. Pilots; Recent Election Results. Report Link Postal Service, DOL Settle $6.5 Million Back Pay Claim (pdf).Ford & Harrison LLP - April 06, 2006 After a decade of litigation, the United States
Department of Labor (DOL) has settled a
$6.5 million back pay claim covering 900
pilots, co-pilots, and flight engineers who perform
contract flying for the U.S. Postal Service (USPS).
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ArticlesFound: 16 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
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November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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