Labor Relations / Unions

Must we call back laid-off workers first?

04/17/2009

Q. Are we required to call back an employee who’s been laid off? The person wasn’t a responsible employee and called off often. Are we obligated to call the person back to work if we have an opening, or are we eligible to hire someone else?

Chicago sit-in employees will be called back

04/15/2009

The 250 Republic Windows and Doors workers who staged a sit-in at the Chicago plant last December will be called back to work over the next few months as part of a bankruptcy proceeding. The workers started the sit-in after Republic owner Rich Gillman closed the unionized plant and opened a nonunion plant in Iowa days later.

Can we ban nurses from wearing protest buttons—without violating the NLRA?

04/14/2009

Q. Some of the nurses at our hospital have started wearing union buttons that state, “Nurses Demand Safe Staffing.” If the hospital administrators ban the buttons, will the hospital have committed an unfair labor practice?

N.J. Supreme Court: Strikers may be entitled to unemployment

03/30/2009

The New Jersey Supreme Court recently held that an employer that continues to provide all or substantially all of its services during a strike will be hard-pressed to oppose its striking employees’ applications for unemployment benefits. That’s true even if the strike results in significant losses in revenue and profits.

School district pulls salary scale bait-and-switch

03/26/2009

A hearing examiner for the Pennsylvania Labor Relations Board has ruled the Loyalsock Township School District engaged in an unfair labor practice when it failed to release the salary scale the district and teachers’ union agreed upon in the final contract.

Low-hanging fruit: Obama reverses executive orders, favors labor

03/26/2009

President Obama has issued four executive orders that fundamentally change the government’s policy on federal contracting—in ways that dramatically favor organized labor. Obama signed the four new orders less than 30 days after taking office.

L.A. car washes charged with wage abuse, union busting

03/20/2009

On Feb. 9, the state of California filed a criminal complaint accusing four Los Angeles car washes, their owners and one manager of wage-and-hour law violations and for creating “a work environment that bordered on indentured servitude.”

Long-time Caterpillar workers lose retiree medical benefits

03/18/2009

In its 1998 collective-bargaining agreement, Caterpillar promised to provide retiree health benefits to its workers at no cost to them. By 2005, Caterpillar recognized it could no longer provide the health benefits without the retirees chipping in. When labor and management sat down at the table to hammer out a new agreement, retiree health costs was one of the sticking points …

Must we pay the union bargaining committee while we’re negotiating our next contract?

03/18/2009

Q. We are about to enter contract negotiations. In the past, we have always paid the members of the union bargaining committee for time spent in negotiations. However, we don’t have a contract provision addressing the issue. Are we required to pay union members for time spent in negotiations?

Unions at your doorstep: The ABCs of EFCA … and how to respond

03/11/2009

Let the battle begin. On March 10, The Employee Free Choice Act, commonly referred to as the “card check” bill, was introduced in Congress. It’s the top legislative priority of labor unions. If passed, EFCA would streamline the process of union organizing, tilting it substantially in favor of workplace unionization. Union-free employers should consider acting now to keep their operations union-free. Here are the action steps to take today …