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NLRB Finalizes Union Election Rules to “Modernize” and “Streamline” Election Process at Nonunion Workplaces

Posted on May 5, 2015 by

On December 12, 2014, the National Labor Relations Board finalized its much-maligned representation election rules designed to make union organizing drives at nonunion workplaces much easier. The new rules make organizing easier by: (1) significantly reducing the time between when a representation election petition is filed and when the secret-ballot election is held [some observers […]

Sex Discrimination of All Types Will Be Enforced

Posted on May 5, 2015 by

The Equal Opportunity Employment Commission has filed a complaint against two different companies alleging discrimination against individuals because of their actions to change gender and allegations the employee was terminated because of such conduct. These are the first cases brought by the EEOC since it took the position in 2012 that transgender discrimination is prohibited […]

Caution: Union Organizing Activity Can Come Quickly

Posted on May 5, 2015 by

We have written several blogs about the recent activity of the National Labor Relations Board that directly affects union organizing efforts. Recent action by the NLRB has authorized the use of company e-mail for union solicitation communications by employees. The NLRB has also published major revisions to the union election rules which expedite the union […]

NLRB Changes Standard – Two Chances to Protect Employee Rights

Posted on May 5, 2015 by

A decision issued last week by the National Labor Relations Board significantly changed the “deferral standard” that was used by the NLRB when considering whether a grievance arbitration award properly addressed the protection of employee rights to communicate about union activities.  In the recent decision of Babcock Wilcox Construction Co., Inc. the NLRB decided that […]

New Year Present from EEOC – Review of Wellness Programs

Posted on May 5, 2015 by

As we think about Christmas presents, the EEOC recently announced its initiatives for the next year. One of those initiatives will be a review of wellness programs and the incentives that an employer provides to employees to participate in a wellness program. The EEOC is trying to coordinate the requirements of the Affordable Care Act […]

Management Rights Clauses – Employer’s Ability to Make Policy Changes Depends Upon What Management Writes

Posted on May 5, 2015 by

On December 30, 2014, a National Labor Relations Board administrative law judge (“ALJ”) issued his decision in Graymont PA, Inc., available here: Graymont_PA_Inc._Decision.   Through Graymont, PA, Inc., the ALJ reminded unionized employers to think twice before implementing workplace policy changes without first notifying the incumbent union and offering an opportunity to bargain about the […]

NLRB Judge to Employer: Stated Reason for Terminating Employee Who Complained About Pot is Smokescreen

Posted on May 5, 2015 by

Recently, an administrative law judge (“ALJ”) for the NLRB concluded that a casino employer’s stated reason for terminating an employee (“Schramm”), who complained about the risks of inhaling second-hand marijuana smoke, were not genuine—and the termination of employment violated the NLRA. The case is Circus Circus Casinos, Inc., and is available here:  Circus_Circus_Casinos_Inc. This decision […]

Working at Home May Not be a Reasonable Accommodation

Posted on May 4, 2015 by

In May 2014, I wrote a blog indicating a federal court of appeals decision suggested that a permanent assignment to working at home may be a reasonable accommodation for an employee suffering from a disability.  Another federal court of appeals, the Seventh Circuit Court of Appeals (which covers Wisconsin), has taken a different view of […]

Lawsuit Challenges NLRB Rules On Quickie Election

Posted on May 4, 2015 by

As we have previously discussed on this blog site, the National Labor Relations Board has published new election rules often described as the “quickie election” rules. A blog summarizing the rules can be found here. These rules are to take effect on April 14, 2015, but a legal challenge has been filed to seek overturning […]

Micro-Union Ruling is Start to Lengthy Legal Process

Posted on May 4, 2015 by

The National Labor Relations Board has confirmed an Administrative Law Judge (ALJ) decision that Macys, Inc. is obligated to bargain with a small bargaining unit of cosmetic and fragrance sales persons instead of holding that these employees have a community of interest with other Macys, Inc. employees and should not be in a separate (small) […]