Labor Relations / Unions

Operating in Texas and Louisiana? Don’t rely on union contract to handle safety

04/30/2012

Watch out if—like many Texas energy-industry employers—you also operate in Louisiana under the terms of a collective bargaining agreement that covers workplace safety. The 5th Circuit Court of Appeals just made life a little harder for you.

Court strikes down NLRB pro-union poster requirement

04/19/2012

A federal appeals court has temporarily blocked the National Labor Relations Board (NLRB) from requiring employers to display a controversial poster telling workers they can form or join a union. An injunction indefinitely postpones the posting requirement, which was to have taken effect on April 30.

As union eyes our workforce, what should we do about its request for pay information?

04/12/2012

Q. I run a nonunion construction contracting company. We recently received a letter from a union stating that they believe we are paying substandard wages and benefits. The letter asked us to provide any information we might have to show that they are wrong and that we are paying area standard compensation to our people. Does the union have a right to this information?

Bargaining with labor unions in a changing work environment

04/12/2012

The current labor environment provides opportunities for unionized employers to negotiate more favorable collective bargaining agreements. Because of the economic realities affecting U.S. workplaces and the politics of labor unions, employers are finding that unions are open to addressing subjects on which they previously had resisted change.

Court: No arbitration for government retirement plan disputes

04/03/2012

A state appeals court has reversed a lower court ruling and held that the city of Yonkers’ refusal to reimburse new employees for their statutorily required Tier V retirement plan contributions was not subject to arbitration. Our firm—Bond, Schoeneck & King—represented the city of Yonkers in the litigation.

NLRB limits arbitration agreement class-action waivers

03/29/2012

Recently, the National Labor Relations Board held that class-action waivers violate employees’ rights to engage in concerted activity. In D.R. Horton, the NLRB said that employers may not compel employees to waive their NLRA rights to collectively pursue litigation of employment claims in all forums, arbitral and judicial. What does that mean for employers?

More union members in 2011, thanks to private-sector gains

03/22/2012

Changing economic conditions and favorable rule-making in Washington helped U.S. union membership increase to 14.8 million workers last year, according to the Bureau of Labor Statistics. In Illinois, 16.2% of workers belong to a union.

Union membership inched higher last year

03/16/2012

Shuffling economic conditions and favorable rule-making in Washington helped union membership rise in 2011 by 49,000 people, up to 14.8 million workers, says the U.S. Bureau of Labor Statistics.

Confidential comp: Can we ban talk of pay?

03/15/2012

Q. I’m confused about what we can do to restrict gossiping over pay. We think it’s nobody’s business and our pay rates are based on a number of factors. Can’t we tell new employees that we consider compensation levels confidential?

NLRB adds another wrinkle to arbitration agreement law

03/14/2012

In January, the National Labor Relations Board held that employers may not require employees to sign arbitration agreements that waive their rights to bring class or collective actions. The D.R. Horton decision will probably be appealed. In the meantime, however, the ruling holds important implications for employers.