Normally, by the time an issue has been processed through the various steps of the grievance procedure, both parties know what the facts and relevant documents are prior to the arbitration.  But sometimes that process breaks down and the parties fail to fully develop the factual foundation prior to the arbitration hearing.  Then the union…

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…

Business Insights

Fall Labor and Employment Seminar

Seminar
10.15.14  Sheraton Westport Chalet
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

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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…

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…

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…

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. …

Earlier this week the National Labor Relations Board issued a decision finding Starbucks violated the National Labor Relations Act when it terminated an employee who uttered profanities at a Starbucks manager in the presence of customers.  This was the employee’s second profanity (and presumably espresso) fueled tirade directed toward a Starbucks manager at the Manhattan…