Labor Relations / Unions

Consider trespass suit if union steps over line

01/13/2010

Sometimes unions engage in “ambulatory picketing” and other practices aimed at publicly exposing allegedly bad employers. This can include following your company vehicles to work sites and picketing outside your business locations. The NLRA permits all these practices. However, union reps can’t trespass on your property.

New York revives ‘early-outs’ for state employees

01/12/2010

In an attempt to close a gaping state deficit, New York Budget Director Robert Megna has told government agencies to offer early-retirement packages to state employees. The state made a similar offer earlier in 2009, and 1,100 workers took that option before it expired in early November.

One benefit of union contract: Lawsuits must be filed fast

01/11/2010

Here’s an upside to having a comprehensive collective-bargaining agreement: Employees who claim they were denied benefits they had been promised can’t sue under Ohio state contract law if the subject of the lawsuit is covered by the union contract.

2009 in labor and employment law, from A to Z

01/05/2010

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

Unionized Workplaces: Management’s Rights

01/01/2010

HR Law 101: Let’s say a union has just won a representation election and now you’ve become a unionized employer. Suddenly, after running your own business, you’ve got a partner. No more unilateral decisions in dealing with your employees …

Security guards at Rivers Casino reject union

12/23/2009

Security guards at Pittsburgh’s new Rivers Casino rejected an organizing bid by the Security, Police and Fire Professionals of America (SPFPA) union. In a close vote, the guards rejected unionization 38-35.

Check union contract when tallying FMLA leave, workers’ comp absenteeism

12/03/2009

Many union contracts specifically allow employers to terminate employees who are out on workers’ comp for extended periods of time. Of course, injured employees also use up their allotment of FMLA leave while on workers’ comp leave. The question then becomes whether employers can count the FMLA absences toward the number of days the employee is absent before termination.

How should we handle union reps during employee misconduct interviews?

12/03/2009

Q. We recently signed a collective-bargaining agreement with a union. While the labor contract addresses union representation during grievances and arbitrations, it doesn’t offer our managers and security investigators any guidance on whether and how the union can represent a covered employee during any interviews or investigations of possible employee misconduct. What is our duty under these circumstances?

14 steps bosses can take to keep workplaces union-free

11/17/2009

With EFCA on the march in Congress and unions staging a big push to add new members, it’s up to enlightened managers to show employees they don’t need organized labor. These 14 steps will get bosses talking to employees … and keep unions from gaining a toehold in your company.

Supreme Court’s new term: Arbitration, disparate impact on docket

11/02/2009

Several cases on the U.S. Supreme Court’s docket this term involve employment and labor-related issues. One of the most notable of these will decide how much time plaintiffs have to file a lawsuit when they believe they have been unfairly penalized by hiring tests. Other cases will resolve issues involving an alleged whistle-blower, pension benefits, race discrimination and labor arbitration.