Labor Relations / Unions

Nov. 4 ballot initiatives may change Colorado employment law

10/07/2008

November’s election has special implications for Colorado employers because a number of ballot issues involve employment law. The ballot features dueling initiatives: four measures brought by organized labor in response to three measures sponsored by business interests …

Work rules can regulate some employee political advocacy

10/06/2008

On July 22, 2008, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued a guidance memorandum addressing unfair labor practice (ULP) charges involving political advocacy. The impetus for the general counsel’s memorandum stemmed from a series of ULP charges filed in late 2006 involving employers that allegedly disciplined employees for participating in nationwide and local demonstrations …

Understand New York’s new WARN Act—it’s tougher than federal law

10/01/2008

New amendments to the New York Labor Law now mean New York employers face tougher layoff notification requirements under state law than they do under federal law. The NYWARN Act, which takes effect Feb. 1, 2009, imposes requirements in addition to those mandated by the federal WARN Act …

Employer wins battle to withdraw recognition of struggling union

09/26/2008

The 4th Circuit Court of Appeals, which has jurisdiction in North Carolina, recently ruled that an employer could withdraw recognition of a union if it can present “substantial objective evidence” that most employees no longer support the union. The decision gives employers a road map for handling situations where a union has lost the backing of the employees …

State looks to boost pension fund with hedge fund investments

09/22/2008

The New Jersey Department of the Treasury has received court approval to invest $9 billion of the state’s public employee pension fund in alternative investments, including hedge funds, in an attempt to improve performance in a sluggish market.

Prepare now for passage of the Employee Free Choice Act

09/22/2008

Employers must prepare themselves for the very real possibility that the Employee Free Choice Act (EFCA) will become a reality next year. If passed and signed into law, the EFCA would dramatically change the way unions organize workers and how unions and employers negotiate initial collective bargaining agreements.

Can the union demand we pay for employees’ personal protective equipment?

09/12/2008

Q. Our company is in the midst of planning for contract negotiations. The bargaining committee has made it known it will demand that the company pay for all steel-toed safety shoes. The company does require that its employees wear steel-toed safety shoes in the plant, but the company has never paid for the shoes. The union states that because of new OSHA regulations, which have been adopted in Michigan, the employer is required to pay for employee personal protective equipment (PPE) and therefore must pay for the safety shoes. …

Skies may be friendly, but it’s harsh on the ground

09/10/2008

As United Airlines cuts routes, flights on the friendly-skies carrier have been getting scarcer. Workplace hostility, however, has never been more abundant. United filed a lawsuit in July against its pilots and the Air Line Pilots Association, claiming they organized a sick-out to protest the company’s plan to cut 1,450 jobs this fall …

Political activity in the workplace: Can you discipline employees?

09/05/2008

The upcoming elections will highlight partisan politics and controversial issues affecting employees. No doubt, your workplace will be the site of some political discussions—and maybe overtly political activity. You need to understand when you can and cannot discipline employees for political activity …

It’s official: State employees must pay union dues—indefinitely

09/03/2008

In an era when so few things are certain, it must have been heartening to state labor unions when the New York Legislature and Gov. David Paterson granted them permanent access to state workers’ paychecks. In July, Paterson signed into law a bill that requires all public employees in the state to pay dues …