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Labor Relations / Unions

EFCA compromise gains momentum in Congress

09/02/2009

Congress will be taking a fresh look at the Employee Free Choice Act (EFCA) this fall, now that a Capitol Hill compromise has stripped out the bill’s controversial “card check” provision, which would have required union certification with a majority of employee signatures.

No joint employer liability under ERISA

08/26/2009

The Employee Retirement Income Security Act (ERISA) requires employers to follow the terms of their collective bargaining agreements when they contribute to employee benefit plans. The 9th Circuit Court of Appeals has refused to extend the concept of “joint employer” to ERISA’s collective bargaining agreement provision when the second entity has not signed that agreement.

California Supreme Court limits wage-and-hour litigation

08/26/2009

Here’s a bit of good news from the Supreme Court of California: The court has ruled that labor unions can’t intercede for union members to sue employers for missed meal and rest breaks under the state’s unfair competition law or the private attorney general statute.

Conoco workers won’t get class-action status in W&H suit

08/26/2009

A federal judge recently refused to certify a class-action suit in which workers at several California refiners sought to jointly sue ConocoPhillips Co. for failing to provide meal periods.

Union schism leads to criminal charges against Aramark

08/26/2009

The Workers United union has filed criminal charges with the Philadelphia Police Department against food-service giant Aramark, alleging that the company has pocketed union dues deducted from employees’ paychecks. Aramark manages concessions at Citizens Bank Park, the Pennsylvania Convention Center and the Wachovia Center in Philadelphia, plus 40 other arenas in the U.S. and Canada.

Removal of card-check provision makes EFCA passage more likely

08/26/2009

With news from Capitol Hill that the “card-check” provision has been dropped from the Employee Free Choice Act (EFCA), employers need to be concerned that passage of the controversial pro-union legislation is now more likely than ever. In exchange for dropping card checks, EFCA backers gained three incredibly powerful proposals that will dramatically increase union ability to win elections.

HR Specialist releases agenda for Nov. 4-6 conference in D.C.

08/20/2009

President Obama is delivering on his promise of change—particularly in the workplace-law arena. To prepare HR professionals for what’s happening—and what’s going to happen—the HR Specialist is hosting its annual Labor and Employment Law Advanced Practices Symposium (LEAP) Washington Conference Nov. 4-6.

Unions on the doorstep: EFCA compromise gains momentum in Congress

08/18/2009

As Congress returns from its August recess, look for a renewed push to pass a compromise version of the Employee Free Choice Act, a bill that’s been dubbed “the most sweeping pro-union legislation in the past 50 years.” The EFCA landscape is changing fast. Keep up with the latest by registering for our Aug. 27 webinar, Beyond EFCA: Preparing for the New Era of Union Organizing.

When union tensions boil, make sure managers keep cool when tempted to make accusations

08/13/2009

If your organization is a target for union organizing or your employees have recently voted to be represented by a union, be careful how you respond. You should consult with an experienced labor lawyer before you do anything else. Consider what happened in one recent case.

What plaintiff’s lawyers don’t want HR pros to know

08/11/2009

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won’t all cop to what sinks their cases, but attorney Whitney Warner did. Learn what she fears most when staring down an employer in court.