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Labor Relations / Unions

Employers can ask jury to decide when collective bargaining agreement was ratified

07/19/2011
A case that has made it up to the U.S. Supreme Court and back down to the trial court is now making its way up the legal ladder again. The 9th Circuit has ­issued a new decision, ruling that an em­­ployer that challenges a union’s claim that employees have ratified a collective bargaining agreement can make their case to a jury.

Brown nixes ‘card check’ union elections for farm workers

07/19/2011
Gov. Jerry Brown has vetoed a bill that would have given farm workers the option of using a “card check” election instead of secret ballots to choose union representation. In his veto message, Brown said he “appreciates the frustrations” of farm workers who try to unionize. However, he said the bill would have required restructuring “California’s carefully crafted agricultural labor law.”

Mediation Board to review Delta union votes

07/13/2011

When nonunion Delta Airlines merged with unionized Northwest in 2010, it set the stage for unionization votes among all Delta workers. So far, the International Association of Machinists (IAM) is 0 for 3, having failed repeatedly to organize Delta baggage handlers, customer service representatives and stock clerks. The IAM appealed to the Na­tional Mediation Board, which has agreed to investigate the elections.

NLRB okays inflatable rat in protests at Brandon hospital

07/13/2011
The National Labor Relations Board has ruled the use of a 16-foot tall inflatable rat outside a hospital in Brandon does not violate the National Labor Relations Act, even though the hospital is not directly in conflict with the union. Unions have long used rats as symbols for businesses that oppose organized labor.

Check your web policies: NLRB looks at employee Facebook posts

07/13/2011
Facebook and other social net­working web sites are signifi­cantly changing the way people com­mu­ni­cate—and that communication isn’t always merely personal. Em­ployees sometimes post comments criticizing their jobs and employers. Tempting though it may be, think twice before punishing employees for online behavior that you think maligns your organization.

Illinois’ new school-reform law enacted with union backing

07/13/2011

Capping what State House officials called a “collaborative model for other states to follow,” Gov. Pat Quinn signed an education overhaul bill that makes it easier for school districts to fire teachers and strips many seniority protections teachers had. Setting the new legislation apart is the support it garnered from the powerful Chicago Teachers Union.

New NLRB rules aim to speed up union elections

07/06/2011
In a move that delighted labor unions, the National Labor Relations Board in June proposed new rules that would expedite the process by which employees vote on whether or not to form a union.

The HR I.Q. Test: July ’11

07/05/2011
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz.

Beware union pact allowing arbitration and lawsuits

06/23/2011
Watch out if a union represents some of your employees, and the union contract does not bar federal discrimination lawsuits. A federal court has ruled that unless there’s a provision making arbitration the exclusive remedy, employees can simultaneously pursue arbitration and litigation.

Know the other side’s Achilles’ heel! Plaintiffs must act fast to win court injunctions

06/16/2011

Once a lawsuit has been filed, courts sometimes issue immediate orders—called injunctions—to prevent irre­parable harm. But to get an injunction, the party seeking the order has to show what harm could occur—and convince the court it will probably win the case on its merits. That’s unlikely if the litigant waits too long to ask for relief.