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Article Index » labor law: 10 Most Recent Articles Report Link There Is Nothing Neutral About a Neutrality Agreement.Elarbee, Thompson, Sapp & Wilson, LLP. - November 17, 2009 Realizing that many employees are no longer as receptive to the idea of union representation, union organizers have been forced to develop new methods of bringing unions into today’s work force. One commonly adopted method is the “corporate campaign” against the employer. Characterized as a “death of a thousand cuts,” such campaigns can include mass media movements, product boycotts, picketing homes of upper level management, obtaining support from local political and religious leaders and filing charges with governmental entities (OSHA, EEOC, EPA). While some of these devices are meant to expose a company’s weak points, often the goal is to secure the company’s consent to a “neutrality agreement.” Report Link Update on the Employee Free Choice Act.Vedder Price - November 09, 2009 Although the contentious health
care debate remains front and
center—both in Congress and
in the media—signifi cant labor
law changes appear close at
hand as well. Do not let the
lack of headlines fool you—the
Employee Free Choice Act
(“EFCA”) remains a priority for
the Obama administration and
the Democratic-controlled
Congress. Informed observers
expect that EFCA will be the
next hot-button issue taken up
by Congress. Report Link Union's "Orchestrated" Refusal To Work Overtime Found Unlawful.Fisher & Phillips, LLP - November 05, 2009 A federal appeals court recently ruled that United Healthcare Workers – West, an affiliate of the Service Employees International Union (SEIU), violated federal law by telling housekeepers and linen aides at a San Francisco hospital to refuse to perform overtime work without giving the hospital ten-days prior notice. Report Link Executive Labor Summary: September/October 2009.Constangy, Brooks & Smith, LLP - November 03, 2009 What’s up with EFCA? Anybody’s guess; Constangy to argue 2-member Board case at Supreme Court; Handbook rule limiting media releases unlawful; More on the AFL-CIO convention;
HERE goes there; Have you hugged your nurse today? California leads the way – for better or worse; “Hey, kids – let’s rap! Unions are groovy!” Report Link U.S. Supreme Court to Decide Appeals Court Conflict Over NLRB Quorum.Jackson Lewis LLP - November 03, 2009 With a clear conflict among the federal Circuit Courts and with the National Labor Relations Board and employers calling to have the Board quorum issue settled, the United States Supreme Court has agreed to decide whether the NLRB is authorized to render decisions while three of its five seats remain vacant. The Court granted certiorari to the Board’s September 29 request to determine whether the National Labor Relations Act authorizes the agency to act with only two members if the Board previously delegated its full powers to a three-member group that included the two remaining members. Report Link Who Needs EFCA? - Expect Big Labor Law "Reforms" From the NLRB.Ogletree Deakins - November 03, 2009 For the past several years, the business community's attention has been focused almost exclusively on federal legislation inaccurately named the "Employee Free Choice Act" (EFCA). That legislation would radically overhaul labor-management relations by substituting "card check" (employees' signatures on union cards) in place of government-protected secret ballot union representation elections, and by compelling arbitration of first contracts written by federally-appointed arbitrators where the union and the employer fail to agree after 120 days of bargaining. EFCA also contains anti-employer penalties and fines of $20,000 per violation and triple back pay, as well as federal court injunctions. Report Link Top Five Reasons You Can't Blame Employees For Joining A Union.Fisher & Phillips, LLP - November 02, 2009 We all know that union membership has been on the decline for decades. But with a new administration in the White House, and Democrat majorities in the House and Senate, employers should expect significant labor law reforms and dramatically different enforcement strategies that will make it easier for labor unions to organize employees. In fact, hopeful labor leaders proclaim that the expected changes could add up to 1.5 million new members per year for the next 15 years. Report Link With Or Without EFCA, Labor Reform Is Coming.Fisher & Phillips, LLP - November 02, 2009 The Employee Free Choice Act continues to languish amid partisan squabbles in Washington, which means that its controversial elements such as card check and mandatory interest arbitration are unlikely to see the light of day this year. But as the discourse continues on Capitol Hill, attention is now shifting to the anticipated composition of the National Labor Relations Board (NLRB), which is responsible for administering national labor policy pursuant to the National Labor Relations Act. Report Link Recent Successorship Decisions Complicate Matters for Employers.Buchanan Ingersoll & Rooney PC - October 28, 2009 Two recent decisions highlight the risks employers face when hiring unionized employees as part of an acquisition or business transfer. In general, when a new employer continues a prior employer's operations and hires a majority of its employees from the prior employer's unionized workforce, the new employer is a labor law successor and, as such, must recognize and bargain with the union over any future changes in the terms and conditions of employment. Whether the new employer can unilaterally establish the initial terms and conditions of employment, however, or must continue the prior employer's terms and conditions until it bargains with the union and reaches a new agreement or an impasse, is more difficult to determine, especially in light of two recent cases that appear to provide diametrically opposed views. Report Link U.S. Supreme Court May Take Up Appeals Court Conflict Over NLRB Quorum.Jackson Lewis LLP - October 20, 2009 The Solicitor General of the United States, on behalf of the National Labor Relations Board, has petitioned the United States Supreme Court to settle the dispute among the federal Circuit Courts as to whether the NLRB is authorized to render decisions while three of its five seats remain vacant. The Board on September 29 asked the Court to determine whether the National Labor Relations Act authorizes the agency to act with only two members if the Board previously delegated its full powers to a three-member group that included the two remaining members.
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
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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