It's 11 AM. Do You Know Where Your Employees Are?: Effective Use Of Location-Based Technologies In The Workplace
Philip L. Gordon of Littler Mendelson, P.C.
Radio Frequency Identification (RFID), Global Positioning Systems (GPS), and Event Data Recorders (EDR) are all on the verge of becoming part of daily life -- outside the workplace. Wal-Mart, and other major corporations, including Proctor & Gamble, IBM, and United Parcel Service, are working towards the eventual replacement of the omnipresent barcode by RFID, a computer chip that transmits a unique radio signal identifier.
Avoiding and Surviving Strikes in the Twenty-First Century
James P. McElligott of McGuireWoods LLP
This article reviews how companies have avoided and/or survived strikes by utilizing collective bargaining strategies.
An Unnecessary Burden: How the NLRB's "Decisional Bargaining" Doctrine Has Ignored Section 8(d)
John M. Capron of Fisher & Phillips LLP
The National Labor Relations Board's decisional bargaining doctrine, as it has evolved over the years, requires employers to bargain over the decision to transfer work out of the bargaining unit-such as through subcontracting or assigning the work to other plants-if it is theoretically possible that the union could make concessions sufficient to offset the economic benefits of the transfer. In applying this doctrine to employers who transfer work during the term of a collective bargaining agreement, the NLRB contravenes the plain language of Section 8(d) of the National Labor Relations Act (NLRA) by requiring employers to afford unions the opportunity to offer concessions, even where the necessary concessions could only be made by modifying provisions in a current collective bargaining agreement.
Are Workplace Legislation and Judicial Protectionism Towards Employees Nudging Unions Towards Extinction -- Are Congress and the Courts Setting the Floor or Dropping the Bottom Out of Union Representa
Barry R. Elson of Kittredge, Donley, Elson, Fullem & Embick, L.L.P.
For approximately thirty years, federal and state legislatures, as well as the judiciary, have.
Fraud in the Execution Voids Collective Bargaining Agreement
Stefanie K. Longhofer of Honigman Miller Schwartz and Cohn LLP
Plaintiff union pension funds ("Funds") sued Nyeholt Steel ("Nyeholt"), a 15-employee steel fabricator and erector,.
When Should Employers Hire an Attorney?
Anna Elento-Sneed
This article discusses the need for employers to hire management attorneys to assist them in their dealings with employees.
Employers Can Be Bound by Unsigned Collective Bargaining Agreements--Law Alert--Issue 63
Nixon Peabody LLP
This article examines two Second Circuit decisions that are contrary to each other and provides tips on how employers may avoid adopting unsigned collective bargaining agreements.
Physicians' Unions: Handle with Care
Elinor R. Hoffmann of Coudert Brothers LLP
In the past two years, there have been a number of news articles, even a T.V. news segment, highlighting a new dri.
Mergers and Acquisitions: WARN and the NLRA
Erik Nelson of Dorsey & Whitney LLP
A goal of many M&A transactions is to create synergies by combining operations and eliminating duplicated effort. Often, such restructuring results in personnel layoffs or plant closings, implicating the Worker Adjustment and Retraining Notification Act (WARN), which Congress enacted in the mid-1980s to require employers to provide advance warning of certain mass layoffs and plant closings.
NLRB Reverses Course On Outside Temps, Again
David B. Kern of Quarles & Brady LLP
In the past four years, the National Labor Relations Board ("NLRB"), the federal agency charged with interpreting and enforcing federal laws regarding collective bargaining, has dealt several times with the issue of the status of outside temporary employees, and whether they can be grouped with a user employer's regular workforce for purposes of collective bargaining.
Employment Law Alert: NRLB Restricts Challenges to a Union's Continued Majority Status
Nixon Peabody LLP
This article summarizes recent NRLB decisions.