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Labor Relations / Unions

Union contract doesn’t cover ‘donning and doffing’? You may not have to pay

01/22/2010

For many employers, it’s hard to imagine any advantage in having a union workplace, so this news may come as a bit of a surprise. At least under some limited circumstances, having a unionized workforce may protect some employers from FLSA lawsuits related to putting on and taking off protective gear before and after a shift.

Can I regulate how our e-mail system is used for union matters?

01/14/2010

Q. Can I prohibit an employee from using the company’s e-mail system for union-organizing purposes?

Consider trespass suit if union steps over line

01/13/2010

Sometimes unions engage in “ambulatory picketing” and other practices aimed at publicly exposing allegedly bad employers. This can include following your company vehicles to work sites and picketing outside your business locations. The NLRA permits all these practices. However, union reps can’t trespass on your property.

New York revives ‘early-outs’ for state employees

01/12/2010

In an attempt to close a gaping state deficit, New York Budget Director Robert Megna has told government agencies to offer early-retirement packages to state employees. The state made a similar offer earlier in 2009, and 1,100 workers took that option before it expired in early November.

One benefit of union contract: Lawsuits must be filed fast

01/11/2010

Here’s an upside to having a comprehensive collective-bargaining agreement: Employees who claim they were denied benefits they had been promised can’t sue under Ohio state contract law if the subject of the lawsuit is covered by the union contract.

2009 in labor and employment law, from A to Z

01/05/2010

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

Unionized Workplaces: Management’s Rights

01/01/2010

HR Law 101: Let’s say a union has just won a representation election and now you’ve become a unionized employer. Suddenly, after running your own business, you’ve got a partner. No more unilateral decisions in dealing with your employees …

Security guards at Rivers Casino reject union

12/23/2009

Security guards at Pittsburgh’s new Rivers Casino rejected an organizing bid by the Security, Police and Fire Professionals of America (SPFPA) union. In a close vote, the guards rejected unionization 38-35.

Check union contract when tallying FMLA leave, workers’ comp absenteeism

12/03/2009

Many union contracts specifically allow employers to terminate employees who are out on workers’ comp for extended periods of time. Of course, injured employees also use up their allotment of FMLA leave while on workers’ comp leave. The question then becomes whether employers can count the FMLA absences toward the number of days the employee is absent before termination.

How should we handle union reps during employee misconduct interviews?

12/03/2009

Q. We recently signed a collective-bargaining agreement with a union. While the labor contract addresses union representation during grievances and arbitrations, it doesn’t offer our managers and security investigators any guidance on whether and how the union can represent a covered employee during any interviews or investigations of possible employee misconduct. What is our duty under these circumstances?