Labor Law Articles
Employers Disadvantaged by New NLRB Election Rules
- Details
- Created on Monday, 06 February 2012 12:18
Click Here
In December 2011, the National Labor Relations Board voted to implement a new set of union election rules that will limit the type of pre-election legal challenges available to employers. With fewer permissible challenges, there will be fewer pre-election hearings and balloting will take place more rapidly. Employers are concerned that faster elections will prevent them from adequately educating their workforce prior to the vote.
Employer’s Duty to Report Union Payments Under LMRDA
- Details
- Created on Saturday, 01 July 2006 12:18
Click here to download a pdf copy of this article
For many years employers have been required to annually file reports with the U.S. Department of Labor outlining any payments made to unions, union officials, or labor relations consultants. Labor-Management Reporting and Disclosure Act, 29 U.S.C. §§ 401, et seq. The Department historically has been lax in enforcing the requirement, but recently issued new enforcement guidance clarifying disclosure obligations.
Labor Contract Can Require Arbitration of Discrimination Claims
- Details
- Created on Wednesday, 01 July 2009 12:18
Click here to download a pdf copy of this article
In a 5-4 opinion, the U.S. Supreme Court ruled that union members covered by labor agreements containing clear and unmistakable language requiring them to arbitrate statutory claims are bound by the terms of the collective bargaining agreement, and forfeit their right to file private lawsuits. 14 Penn Plaza LLC v. Pyett, No. 07-581 (April 1, 2009). The Court’s holding effectively overturns the widely held view that a union contract’s arbitration procedure was limited to resolving contractual violations and could not prevent an employee from going to court to resolve statutory violations. This belief was based on the Court’s 1974 decision in Alexander v. Gardner-Denver, which seemed to suggest that an arbitration clause in a labor agreement could not bar union members from pursuing their statutory claims in a court of law.
NLRA Protection Limited to Applicants with a Genuine Interest in Employment
- Details
- Created on Tuesday, 01 January 2008 12:18
Click here to download a pdf copy of this article
The National Labor Relations Board recently changed the standard it applies when determining if job applicants are entitled to the protections of the National Labor Relations Act. Toering Electric, 351 NLRB No. 18 (Sept. 29 2007). Previously, all applicants were considered covered by the Act, provided the employer had concrete hiring plans, the applicant had relevant experience, and anti-union animus contributed to the employer’s decision not to hire the applicant.
NLRB Delays New Poster Requirement
- Details
- Created on Monday, 06 February 2012 12:18
Click Here to download a pdf copy of this article
Private sector employers subject to the National Labor Relations Act will be required to post a new notice informing employees of their rights under the Act, including the right to organize. After several delays, the Board has announced the notice must be displayed by April 30, 2012. A copy of the notice can be obtained here.
More Articles...
Schaffer Law, LLC - 50 Bainton Road - West Hartford, CT. 06117 - Phone: (860) 216-1965 - Fax: (860) 606-9595 - This e-mail address is being protected from spambots. You need JavaScript enabled to view it.