http://www.elinfonet.com/fedindex/7 Labor law articles discussing issues involving organized labor and organized workforces. Sat, 21 Nov 2009 21:11:51 EST en-us http://www.elinfonet.com/newscount.php?popID=8674 Article: 8674 Tue, 17 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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.” http://www.elinfonet.com/newscount.php?popID=8650 Article: 8650 Mon, 09 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8636 Article: 8636 Thu, 05 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8618 Article: 8618 Tue, 03 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8616 Article: 8616 Tue, 03 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8613 Article: 8613 Tue, 03 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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!” http://www.elinfonet.com/newscount.php?popID=8610 Article: 8610 Mon, 02 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8609 Article: 8609 Mon, 02 Nov 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8585 Article: 8585 Wed, 28 Oct 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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. http://www.elinfonet.com/newscount.php?popID=8554 Article: 8554 Tue, 20 Oct 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) 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.