Before the advent of the digital age, when there was an organizing campaign afoot, most employers would be told by their legal counsel to put their rolodex under lock and key, and to review their standard no solicitation/no distribution policies in an effort to slow down organizing attempts in their workplace. Obviously much of this
10.15.14 Seminar Reminder
Business Insights
Fall Labor and Employment Seminar
Seminar
10.15.14 Sheraton Westport Chalet
St. Louis, MO
St. Louis, MO
Please join us for our annual labor and employment law update. This comprehensive half-day seminar will focus on current issues in labor and employment law.
Topics
- What’s New in Employment Legislation and Case Law
- FMLA/ADA Advice You Will Use: An
The Most Important Issue in Arbitration
I am commonly asked what I believe is the most important issue when it comes to arbitration. For me the answer is always the same, whether we are talking about a labor arbitration, a construction dispute, or any other arbitration. The most important issue in any arbitration is the selection of the arbitrator. There are
Federal Contractors Get Slammed Again Regarding New Disclosure Provisions
It seems that every time we turn around there is another Executive Order placing additional burdens on federal contractors. This time it is the Fair Play and Safe Workplace Executive Order which President Obama signed on July 31. Under this new Executive Order, before prospective contractors can obtain a contract with the federal government, they
Joint Employer Part Deux
The recent decision of the General Counsel of the NLRB to expand ULP liability to McDonalds, under a joint employer theory, should not come as a surprise to anyone. As some may recall, the NLRB recently requested briefing on the issue of joint employer status in the organizing context as previously noted by this blog
THANK YOU HARRY
After reviewing the most recent decisions by the NLRB with respect to the retail industry and the application of Specialty Healthcare to that industry, all I can say is – thank you Harry. Specialty Healthcare reversed many long standing principles of what is an appropriate bargaining unit. Fundamentally, the decision should turn on what is
ARBITRATION V. LITIGATION, WHICH IS BETTER FOR YOU?
Although ADR programs have been in existence for many years, given the recent green light by the Supreme Court regarding the use of arbitration, its application is being reassessed and applied by a number of entities in an effort to control the overwhelming cost of litigation, both in terms of the process and the outcome.
NLRB Recess Appointments Found Unlawful by Supreme Court
EXPANSION OF NLRB’S JOINT EMPLOYER DOCTRINE
On May 12th the NLRB issued a Notice And Invitation To File Briefs regarding a potential modification to the Board’s current joint employer standard as articulated in TLI, Inc., 271 NLRB 798 (1984), that, by itself, raises concerns regarding an expansion of such issues in the labor area, but one issue in particular.
NLRB Update on E-Mail Policies
On May 1st the NLRB issued, through its Office of Public Affairs, notice that it was inviting briefs on employees use of electronic communication systems, i.e., e-mail, in light of the recent decision by the Administrative Law Judge in Purple Communications, Inc. in which the ALJ dismissed allegations that the employer violated the NLRA