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Labor Relations / Unions

Nonunion shops: You can be liable for ‘unfair labor practices’

10/01/2003
Before you lash out against workers who rise up against a pay issue or other working condition, stop yourself. The National Labor Relations Act (NLRA) protects employees’ rights to engage in …

You can’t outsource your WARN Act notice obligations

10/01/2003
If your company outsources HR tasks, don’t expect the outside provider to share the rap for a Worker Adjustment Retraining and Notification (WARN) Act violation, the law that requires certain companies …

Unionized or not, beware of ‘unfair labor practices’

10/01/2003
Issue: Punishing workers for protesting work conditions could constitute “unfair labor practices”, even if your work force isn’t unionized.
Risk: Defending an NLRA claim …

Don’t change benefits without union’s knowledge.

08/01/2003
For more than 30 years, a company sponsored blood donation drives twice a year. Employees could participate during paid work time. But when the com-pany changed its policy, …

Comp-time reform bill dealt
major setback in Congress

07/01/2003
Legislators shelved a bill last month that would allow private-sector companies to offer compensatory time to employees in lieu of overtime pay, due in large part to intense protests from organized …

Require medical exams only for clear job reasons

06/01/2003
Demand that managers give higher-ups clearly articulated business reasons for any impromptu medical tests they want employees to take. Often, courts will see these …

Union ‘salts’ can shake your hiring policies.

06/01/2003
So-called ‘salts’ are pro-union applicants who try to win jobs in hopes of organizing a nonunion company. You can’t simply reject such applicants because of their …

Supreme Court upholds pro-union fund-raising tactic

02/01/2003
In a victory for unions, the Supreme Court recently let stand a lower court ruling that said employees can be forced to pay mandatory dues for union organizing that occurs …

Employees can refuse to work due to safety fears, even at nonunion site

01/01/2003
Three apartment maintenance workers refused to scrape and paint a water-damaged ceiling after they saw a TV report on airborne-asbestos health risks. When they voiced a concern, their supervisor said there …

Firing employees on FMLA leave: Occasionally legal, usually unwise

12/01/2002
While he was taking leave for depression under the Family and Medical Leave Act (FMLA), Jerry Ogborn got the ax. Reason: During the absence, his employer discovered that Ogborn, a union …