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Beware of Past Practice Clauses in Collective Bargaining Agreements

Posted on October 15, 2015 by

Last month, a staff arbitrator with the Wisconsin Employment Relations Commission (WERC) issued a grievance decision interpreting certain language in a collective bargaining agreement regarding past practices.  The WERC is a Wisconsin state agency responsible for the oversight and enforcement of the state’s public and private sector labor laws, including the conducting of hearings throughout […]

Comparative MRIs Support IME Opinion

Posted on October 13, 2015 by

The Wisconsin Court of Appeals has affirmed a Labor and Industry Review Commission (LIRC) decision that denied additional benefits for an initially conceded injury based on the independent medical examiner’s (IME) review of comparative MRIs.  David Dollar had pre-existing degenerative joint disease, as confirmed by a 2009 MRI.  On June 23, 2011, while at work […]

Caveat Emptor: Labor Board Judge Gives Would-Be Buyers of Union Companies Reason to Beware

Posted on October 5, 2015 by

Recently, one of the National Labor Relations Board’s administrative law judges (“ALJ”) issued a decision that reminds would-be purchasers of unionized companies to proceed with caution before taking the plunge.  The case is Riccelli Enterprises, Inc., available here: Riccelli_Decision.   In Riccelli Enterprises, Inc., the ALJ was called upon to determine whether: (1) the purchaser of […]

Electronic Signatures Expedite Union Election Petition

Posted on September 9, 2015 by

A recent pronouncement by General Counsel of the National Labor Relations Board has indicated that electronic signatures will be accepted on a union election petition filed with the NLRB.  This clarification allows the union election process to be expedited to be even quicker than originally thought under the new “quickie election” rules promulgated by the […]

Discrimination Claim Over Hiring Process Settled

Posted on August 31, 2015 by

Target Corporation has agreed to pay $2.8 million to settle charges filed by the Equal Employment Opportunity Commission (EEOC) alleging that the hiring process used for certain professional positions disproportionately screened out applicants based on race and gender.  Target Corporation paid this settlement without admitting liability based upon a claim by the EEOC that it […]

NLRB Rebuffed Again

Posted on August 27, 2015 by

The NLRB has again been rebuffed by the federal Court of Appeals in its pursuit of charges against employers for terminating employees due to the exercise of their protected speech rights.  In a recent decision from the Eighth Circuit Court of Appeals, the Court of Appeals found (albeit in a split decision) that the NLRB […]

Disabling Condition? Protected Conduct?

Posted on August 10, 2015 by

Two recent court decisions have opened the door for continued scrutiny on whether or not an individual is protected under the Americans With Disabilities Act.  In a Nebraska Federal Court case, the District Court held that an employee was not protected because of her severe obesity but this case is on appeal to the 8th […]

The Quickie Elections Survive all Court Challenges

Posted on August 5, 2015 by

The quickie election rule adopted by the National Labor Relations Board has survived the first stages of legal challenge as a Washington D.C. Federal District Court has found that the election rules do not violate protected rights of employers.  Because of this, employers will continue to see increases in union election petitions filed by local […]

Court of Appeals Applies “Common Sense” to NLRB Decisions

Posted on July 29, 2015 by

Two recent decisions by the DC Circuit Court of Appeals (DC Circuit) have overturned National Labor Relations Board (NLRB) decisions and applied “common sense” in reviewing decisions from the Board.  In both the decisions, the DC Circuit overturned a decision by the NLRB that found an employer to have committed unfair labor practices by the […]

The DOL Has Had a Busy Summer!

Posted on July 28, 2015 by

The DOL has had a busy summer!  From proposed overtime rules to independent misclassification warnings, the prudent employer should take notice.  For more information, see my two recent legal updates: Hey Employers! The DOL is Watching – Are Your Workers Properly Classified?, and What is the Overtime Proposal and Why Should I Care?