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Labor Relations / Unions

Latest stats: Union membership continued to stagnate in 2013

02/13/2014

In 2013, the union membership rate was 11.3%, the same as in 2012, the U.S. Bureau of Labor Statistics recently reported. That’s about 14.5 million workers. Union membership has been declining for decades.

Employee Handbooks: Overview

02/10/2014

HR Law 101: Employee handbooks are extremely valuable business tools. But if you’re not careful, your handbook could land you in court. In particular, employees are increasingly suing for wrongful discharge, pointing to a handbook they claim guaranteed them employment indefinitely …

High Court: CBA can address ‘donning, doffing’

02/07/2014
The U.S. Supreme Court handed employers a major victory on Jan. 27 when it ruled unanimously that workers need not be paid to change into and out of protective gear if a union contract has already specified that the time isn’t compensable.

Supreme Court hears arguments on NLRB recess appointments

01/24/2014
The U.S. Supreme Court recently heard oral arguments in a closely watched case involving the president’s recess appointment power. The case appeals a federal court ruling that President Obama’s appointment of three members to the National Labor Relations Board in 2012 was unconstitutional.

Supreme Court dismisses controversial LMRA case

01/22/2014
The U.S. Supreme Court dismissed the case of UNITE HERE Local 355 v. Mulhall, which questioned whether a neutrality agreement in which the employer agreed to remain neutral on union organizing efforts violated the LMRA. For now, the question remains unresolved.

NLRA and Taft-Hartley Act

01/13/2014

HR Law 101: In 1935 Congress passed the National Labor Relations Act (NLRA), giving workers the right to organize, to bargain collectively and to strike. By the late 1940s unions had become politically and economically powerful, and Congress decided to amend the act to develop a more balanced national labor policy …

NLRB’s pro-union poster is (finally) officially dead

01/08/2014
The National Labor Relations Board has thrown in the towel in its 2½-year effort to compel most private-sector employers to display a poster informing employees of their right to form or join unions.

5th Circuit rejects NLRB D.R. Horton decision on class-action waivers

01/07/2014
In a major win for employers, the 5th Circuit Court of Appeals rejected the highly controversial D.R. Horton decision from the NLRB.

Charlotte Burger King site of protest for higher pay

01/03/2014
Charlotte was one of several cities where fast food workers staged November protests calling for higher wages. The Service Employees International Union (SEIU) organized the protests to spotlight the low wages many in the fast food industry receive.

Negotiating union contracts: Seek attorney’s help when drafting arbitration clause

12/24/2013
While having a union in the workplace may not be ideal, having a union contract in place clarifies many of the work rules your employees must follow, as well as how your disciplinary process must work.