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Article Index » labor law: 10 Most Recent Articles Report Link U.S. Supreme Court Overturns California's Limitation on Employer Free Speech Rights to Resist Union Organizing.Littler Mendelson, P.C. - June 27, 2008 On June 19, 2008, in a widely anticipated decision, the United States Supreme Court overturned a decision of the Ninth Circuit Court of Appeals and ruled in a 7-2 opinion authored by Justice Stevens that the National Labor Relations Act (NLRA) "unequivocally pre-empted" California's "union neutrality" law, which prohibited employers who accept state funds from using those funds to deter union organizing. Chamber of Commerce v. Brown, No. 06-939 (June 19, 2008). This decision is welcome news for many employers who do business in California and were faced with the burdensome accounting task of separating state-provided funds from other funds in order to counter union organizing attempts. The decision also provides assurance to employers doing business in other states that have contemplated adopting a law similar to California's. Report Link Supreme Court Holds that NLRA Preempts California Neutrality Law.Buchanan Ingersoll & Rooney PC - June 26, 2008 Last week, the United States Supreme Court ruled that the National Labor Relations Act (NLRA) preempted a California law that required employers who received state funds to remain neutral in regard to union representation. In Chamber of Commerce v. Brown, No. 06-939 (June 19, 2008), the court held that an employer's right to engage in a debate over issues concerning union representation is a fundamental policy embodied in this country's national labor relations laws and that a state cannot interfere with it. Report Link Federal Labor Law Pre-empts California’s Prohibition on Use of State Funds to Promote or Deter Organizing.Ford & Harrison LLP - June 24, 2008 The U.S. Supreme Court recently held that a California law that prohibits employers who receive state funds from using those funds to “assist, promote, or deter union organizing” is pre-empted by federal labor law. Report Link Supreme Court Strikes Down California's Union Neutrality Law.Jackson Lewis LLP - June 23, 2008 Agreeing with the position taken by Jackson Lewis before the Ninth Circuit Court of Appeals, the United States Supreme Court has ruled that key provisions of California’s so-called labor relations neutrality statute run afoul of federal labor law and are unenforceable. The ruling emphasizes that robust debate on issues concerning union representation is a fundamental policy embodied in our national labor law and that a state statute cannot interfere with it. Report Link Supreme Court Strikes Down California Labor Law.Fisher & Phillips, LLP - June 20, 2008 The U.S. Supreme Court delivered a substantial victory for those employers who choose to take efforts to fend off union campaigns at their workplaces. In a 7 to 2 decision, the Court found that the National Labor Relations Act (NLRA) preempts a California law that prohibits certain employers from using State funds to assist or deter unionization efforts by their employees. A contrary decision could have opened the door for other states to utilize their spending and regulatory power to restrict employer free-speech rights during union organizing campaigns. Report Link Ninth Circuit Finds No Railway Labor Act Jurisdiction Over STB-Exempted Transaction.Buchanan Ingersoll & Rooney PC - June 18, 2008 On June 9, 2008, the Ninth Circuit Court of Appeals held that a trackage rights transaction exempted from prior approval by the Surface Transportation Board (STB) nevertheless triggered § 11321(a) of the Interstate Commerce Act, allowing the override of "all other law … as necessary … to carry out the transaction," including the applicant rail carriers' Railway Labor Act (RLA) bargaining obligations. Report Link Second Circuit Decides 'Due Notice' Does Not Always Require Personal Notice to Employees.Buchanan Ingersoll & Rooney PC - June 12, 2008 In a recent opinion, the Second Circuit joined two sister circuits in holding that when an employee has authorized his or her union to represent him or her before a special board of adjustment and has not withdrawn that authority, the employee's right to "due notice" under the Railway Labor Act (RLA) is satisfied upon timely notice to the employee's union. Ollman v. Spec. Bd. of Adjustment No. 1063, No. 05-1706, 2008 U.S. App. LEXIS 11759 (2d Cir. Jun. 3, 2008). Therefore, the RLA does not necessarily require personal notice to a represented employee. Report Link Company's RICO Case Can Proceed Against Union Waging Corporate Campaign, Judge Says.Jackson Lewis LLP - June 09, 2008 Refusing to dismiss a civil Racketeer Influenced and Corrupt Organizations Act ("RICO") suit against the United Food and Commercial Workers ("UFCW"), a federal judge in Virginia has held that the plaintiff company adequately alleged extortion and a "pattern of racketeering activities" in its complaint against the union and other defendants. Report Link Decrease in Union Election Wins May Mean Organizing Pressure on Employers to Increase.Jackson Lewis LLP - June 06, 2008 For the first time in more than a decade, the rate at which unions won representation elections conducted by the National Labor Relations Board decreased in 2007. The rate of union wins declined to 60.1%, down from 61.4% in 2006, according to a report published by the Bureau of National Affairs on June 2. In 2007, the number of elections won by unions was 902, as compared to 1,018 in 2006. Report Link Hospitality Labor Letter: Box Score (Spring 2008).Fisher & Phillips, LLP - June 05, 2008 There have been 24 union petitions at hospitality employers, that we are aware of, filed since the beginning of 2008.
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
WORKPLACE VIOLENCE: STRATEGIES FOR PREVENTION
Sacramento
July 8, 2008 Shaw Valenza LLPBenefits "Q And A": Get The Benefit From Our Benefits ExpertsEast Elmhurst
2008-7-8 Queens Chamber of CommercePREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Eureka
July 10, 2008 Shaw ValenzaThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActNew London
2008-7-16 Jackson Lewis LLPThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-7-16 Jackson Lewis LLPFree Lunchtime Webinar: Protecting Company Assets: Trade Secrets, Non-Competition, And The World Of Restrictive Covenants: Will The Courts Really Enforce These Agreements?Online
July 17, 2008 Fisher & PhillipsDealing With HR Dilemmas In The Digital AgeMelville
2008-7-17 Jackson Lewis LLPDealing With HR Dilemmas In The Digital AgeIrving
2008-7-17 Jackson Lewis LLPComplimentary Breakfast Briefing for In-House Counsel, Senior Management and HR ProfessionalsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLP |
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