Labor Relations / Unions

Must we allow an employee’s ‘representative’ to sit in on investigative meetings?

02/11/2010

Q. We are a nonunion shop. One of our employees is currently under investigation for sexual harassment. He has asked to have a representative present during all meetings and interviews related to the investigation. Do we have to permit him to have representation?

Senate votes “No!” but Obama NLRB appointee could still force you to unionize

02/10/2010

The Senate on Feb. 9 failed to confirm labor lawyer Craig Becker’s appointment to the National Labor Relations Board (NLRB), but employer organizations fear it’s only a matter of time before Becker takes his board seat anyway. That could have an even greater effect on labor relations than the controversial Employee Free Choice Act. If Becker becomes a member of the NLRB, could your employees be forced to unionize against their will?

Democrats lose Senate supermajority: Where do unions go from here?

02/10/2010

With Republican Scott Brown’s stunning victory in a January special election, Democrats lost their filibuster-proof supermajority in the Senate. That shift has cast doubt on organized labor’s top legislative priority—the so-called Employee Free Choice Act. So is this the end of the EFCA? Probably yes—at least as it’s currently written, but it’s too soon to celebrate.

UAW reaches pact with AK Steel

02/09/2010

United Auto Workers local 3462 has ratified a contract with AK Steel covering workers at the Coshocton plant. The contract covers 340 production and maintenance workers. Consistent with the subdued economy, the deal represents very little change.

Walmart settles after NLRA charge in Hastings

02/09/2010

When retail giant Walmart allegedly threatened to fire an employee who advocated for unionizing a store in Hastings, the United Food and Commercial Workers’ union filed National Labor Relations Act unfair labor practices charges. Now Walmart has settled with the National Labor Relations Board.

Can I tell union organizers to hit the road?

02/02/2010

Q. If union organizers show up during the workday and demand to talk to my employees, can I tell them to get off company premises?

Momentive restores some pay, but NLRB seeks more

02/01/2010

Colonie-based Momentive Performance Materials has rescinded temporary pay cuts it instituted last spring, restoring salaries for all exempt employees other than senior managers. Meanwhile, hourly employees recently got encouraging news from the National Labor Relations Board …

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.