Searching Content indexed under Employment and HR by John S. Bolesta ordered by Published Date Descending.
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An Employer's Bargaining Table Complaints As To Poor Business Conditions Is Not A Claim Of Poverty Entitling A Union To Business Sensitive Information
While bargaining, unions often demand that employers produce information relevant to the bargaining process so that the union may fulfill its duties as bargaining representative
United States
23 Sep 2019
The NLRB Nixes Union Gerrymandering And Establishes A Three Step Test For Voting Unit Determinations
In the organizing context, the scope of a potential bargaining unit is everything-it determines which employees' votes will count towards establishing a union's putative majority in a secret ballot
United States
18 Sep 2019
More Good News From The Board: NLRB Scraps The Clear And Unmistakable Waiver Standard For The Contract Coverage Test When Deciding Unilateral Change Cases
A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board's decision in MV Transportation, 368 NLRB ...
United States
16 Sep 2019
Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The Nlrb Appears Ready To Rethink Its Positions On Controversial Discipline-Related Doctrines
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed
United States
16 Sep 2019
Breaking With Tradition, The Current NLRB Is On A Rulemaking Tear: Election Procedures, Recognition Bar, And 9(A) Collective Bargaining Relationships
In its 84-year history, the National Labor Relations Board (NLRB, Board or Agency) has promulgated a very small number of rules pursuant to the Administrative Procedures Act
United States
13 Sep 2019
The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties To Engage In Civic, Charitable Or Commercial Solicitations There
Setting clear and reasonable standards for taking access to an employer's private property is high on the National Labor Relations Board's agenda
United States
13 Sep 2019
An Employer's Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The NLRA
Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees
United States
9 Sep 2019
The NLRB Holds That Employers May Implement Class Waivers In Response To Class Claims And Discipline Employees Who Refuse To Sign Them
Although good news for employers, Epic Systems left a number of significant questions unanswered.
United States
19 Aug 2019
The NLRB Confirms That Intermittent Strikes In Furtherance Of The Same Goal Are Unprotected
Such adverse action is an unfair labor practice in violation of Section 8(a)(1) of the NLRA.
United States
6 Aug 2019
The NLRB Just Made It A Little Easier For Employees To Get Rid Of Their Union
Unionized workers wishing to rid themselves of continued union representation (and their employers) just got some very good news from the National Labor Relations Board (NLRB or Board) with the issuance
United States
24 Jul 2019
NLRB Limits Duty To Bargain Over Disciplinary Actions
A unionized employer must bargain with its employees' union before making any unilateral changes in employees' wages, hours, working conditions or other terms and conditions of employment
United States
12 Jul 2019
Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law
According to the NLRB General Counsel's Division of Advice (GC), Uber's UberX and UberBLACK drivers are independent contractors exempt from the rights and protections of the National Labor Relations Act (NLRA), including...
United States
5 Jul 2019
NLRB Limits Union Access Rights To "Public Spaces" Of Employers
On June 14, 2019, the National Labor Relations Board (NLRB or Board) issued an important decision clarifying whether and when an employer may lawfully exclude union organizers from its privately
United States
28 Jun 2019
It's OK To Be Different- NLRB Rules That Union Represented Employees Are Not Entitled To Midterm Bargaining Over Same Paid Holiday Granted To Non-Represented Employees
Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees
United States
21 Jun 2019
Supreme Court Rules That Employers Can Be Forced To Defend Against Actions Under Title VII Not Properly Brought Before The EEOC
Resolving a circuit split regarding the jurisdictional nature of Title VII's charge-filing requirement—the statutory requirement that an employee who alleges that he or she has been subjected
United States
18 Jun 2019
Labor Development Impacting Developers, Contractors, And Landowners
It is unlawful for unions to secondarily picket construction sites or to coercively enmesh neutral parties in the disputes that a union may have with another employer
United States
6 Jun 2019
No Evidence? No Problem! National Labor Relations Board's General Counsel Memorandum Eases Burden On Beck Objectors Following Board's Decision In Kent Hospital
On April 29, 2019, the General Counsel of the National Labor Relations Board ("NLRB" or "Board") issued Memorandum GC 19-06, which provides guidance to the Board's regional offices
United States
29 May 2019
The NLRB Continues To Chip Away At Individual Protected Concerted Activity
An employee's right to engage in concerted activities for the purpose of mutual aid and protection is basic to the National Labor Relations Act's (NLRA) Section 7.
United States
8 May 2019
It's Perfectly Clear Once Again - NLRB Limits "Perfectly Clear" Successor Exception
The circumstances under which an asset buyer has a duty to bargain with an incumbent union may be changing.
United States
16 Apr 2019
I'm Not Paying For That! National Labor Relations Board Increases Rights Of Beck Objectors And Further Limits The Activities Unions Can Fund Through Dues Collections
On March 1, 2019, the National Labor Relations Board ("Board"), in a 3-1 decision, ruled that Beck objectors cannot be required to financially support the lobbying efforts of unions because lobbying
United States
18 Mar 2019
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