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Labor Relations / Unions

Planned state furloughs tied up in union lawsuit

01/15/2009

Faced with California’s ongoing budget crisis, Gov. Arnold Schwarzenneger announced that all state workers must take two unpaid days off every month beginning in February. The austerity measure didn’t sit very well with two labor unions …

Not a union employer? Proposed EFCA could soon change that

01/13/2009

Union-free employers should consider acting now to keep their operations union-free, given the nature of the changes that are likely to come with enactment of the Employee Free Choice Act. The law would make it more difficult for employers to oppose union organizing, and would limit employers’ bargaining power if they do become unionized.

Can we forbid employees from sharing how much of a bonus they received?

01/13/2009

Q. My company asks employees who receive raises or discretionary bonuses not to discuss them with other employees. An employee recently took issue with this request and told me the company’s practice is illegal. Is that true?

Review contract language before changing benefits

01/09/2009

If your organization has a collective-bargaining agreement with a union, you must make sure you check with counsel before you make any changes to benefits. In some cases, promises made in past contracts—such as a promise to provide retiree health benefits—may be a binding, vested promise that cannot be undone.

Where should we hold our upcoming collective-bargaining sessions?

01/09/2009

Q. Our company is heading into union contract negotiations early this year, and I have been asked to organize the bargaining sessions. I know in the past we have bargained at a local hotel, but we always get stuck with the bill. Does the company have to pay for hotel conference rooms and the refreshments? This cost adds up over a period of weeks. What are the realistic options?

Workplace CSI: the anatomy of a successful investigatory interview

01/09/2009

A solid investigation is the cornerstone of any decision to discipline an employee. One of the most important and effective tools available in conducting an investigation is the investigatory interview. Here’s how to conduct one.

5th Circuit passes on NLRB cases from elsewhere

01/05/2009

The 5th Circuit Court of Appeals, whose decisions cover Texas employers, tends toward conservative rulings. It recently rejected a case that could have opened up the litigation floodgates for companies that have pending unfair labor practice charges.

Consider all possible costs when determining whether arbitration will save you money

12/24/2008

When it comes to reducing the time and expense of litigation, be careful what you wish for. Attorneys often advise employers to consider adopting arbitration clauses to settle employment disputes. With arbitration, no jury is involved; the case stays out of court; there’s no bad publicity; and it may be cheaper—or maybe not.

Retired NFL players’ blitz throws union for a big loss

12/24/2008

Usually, employers get zapped when employees sue, but that isn’t always so. Sometimes the union that represents employees gets slapped with a huge penalty, too—especially if it neglected to look out for workers’ interests.

Are mandatory arbitration agreements legal?

12/24/2008

Q. We require that our employees to agree to resolve all disputes by binding arbitration, rather than going to court. I’ve heard some government agencies have ruled those kinds of arbitration policies illegal. I don’t think that could be right, but thought I better check.