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Labor Relations / Unions

Court upholds ruling limiting mandatory paid leave for FMLA

02/05/2009

Sometimes, a union contract clashes with employment laws. It’s then up to an arbitrator to reconcile the two—and an arbitrator’s decision is rarely overturned on appeal.

Charter schools unionized

02/05/2009

Here’s yet more evidence that organized labor is making a comeback: Teachers at two charter schools in New York City recently voted to bring in a union.

The Obama years: 4 predictions for employment law circa 2012

01/21/2009

President Obama has put forth a significant employment and labor agenda. If he and the Democratic-controlled Congress succeed in passing proposed legislation, the next several years will see the creation of new protected classes, more family leave rights and the re-emergence of labor unions.

Senate begins confirming Obama’s HR-related Cabinet nominees

01/21/2009

Expect swift confirmation of President Obama’s nominees to head the U.S. Departments of Homeland Security, Labor and Justice. And expect the Obama administration to take a far harder line than the Bush administration did against organizations that break employment-related laws.

Rely on union contract terms when working out disability accommodations

01/16/2009

Dealing with a labor union has its headaches, but figuring out how to deal with disability accommodations isn’t one of them. The fact is, having a collective-bargaining contract in place can make that easier.

No vote required: Government workers can organize with cards

01/16/2009

The Illinois Supreme Court has ruled that public employers have to accept a union as their employees’ bargaining representative if the union shows that a majority of the employees have authorized union dues deduction.

Maritime arbitration agreements enforceable, trump California law

01/15/2009

The 9th Circuit Court of Appeals had ruled that cruise lines and the unions who negotiate labor contracts on behalf of the “seamen” who work on cruise ships can agree that all disputes go to arbitration, and that employment contracts that include arbitration clauses are enforceable.

Planned state furloughs tied up in union lawsuit

01/15/2009

Faced with California’s ongoing budget crisis, Gov. Arnold Schwarzenneger announced that all state workers must take two unpaid days off every month beginning in February. The austerity measure didn’t sit very well with two labor unions …

Not a union employer? Proposed EFCA could soon change that

01/13/2009

Union-free employers should consider acting now to keep their operations union-free, given the nature of the changes that are likely to come with enactment of the Employee Free Choice Act. The law would make it more difficult for employers to oppose union organizing, and would limit employers’ bargaining power if they do become unionized.

Can we forbid employees from sharing how much of a bonus they received?

01/13/2009

Q. My company asks employees who receive raises or discretionary bonuses not to discuss them with other employees. An employee recently took issue with this request and told me the company’s practice is illegal. Is that true?