By Shauna Agan Traditionally, labor unions have been known to help workers secure better wages, more benefits, better working conditions, and provide workers with support by representing its members in disputes with management. While this vision of labor unions still holds true today, most people fail to see the most important component of modern labor unions: … Continue reading
The National Football League Players Association (NFLPA) did not improperly interfere with the rights of National Football League (NFL) retirees under the Restatement of Torts, when it exclusively negotiated with the NFL about retirement issues. The NFLPA approved a ten-year settlement agreement with the NFL concerning pension, retirement, and disability benefits without consulting retired NFL … Continue reading
Workers who are brought from Mexico into the United States to work temporarily for a U.S. employer and paid in pesos rather than U.S. dollars, are protected by the Fair Labor Standards Act (FLSA) and require compensation no less than the minimum wage. Bloom Energy transported fourteen workers into the United States to work on … Continue reading
Employers who refuse to furnish a Union with certain information that is necessary and relevant to the Union’s role as the exclusive collective-bargaining representative of the unit employees violate their duty to bargain collectively and in good faith with the Union. An employer must grant a Union’s written request for addresses, phone numbers and work … Continue reading
An employer’s use of implied benefits to an employee, coupled with the threat of discharge and reprisals in an effort to coerce him into refraining from union activity, violates the National Labor Relations Act (“the Act”). At an arbitration hearing between the union and employer, a new employee failed to testify on behalf of the … Continue reading
A union that is not seeking a recognitional or organizational objective is not violating section 8(b)(7)(C) of the National Labor Relations Act (“NLRA”), when it pickets a business in excess of the 30-day statutory limit. Walmart Stores, Inc. filed unfair labor practice charges against Making Change for Walmart and Organization United for Respect (“OUR”) Walmart, subsidiaries … Continue reading
By Nicholas Devyatkin In a remarkable development, Cambodian workers have won back pay from Wal-Mart. Similar to their brethren in the United States, they have used direct protest action and public pressure, rather than traditional union collective bargaining, to force the hand of Wal-Mart. In September, 2012, The workers were told that the Kingsland apparel … Continue reading
Employers may not terminate employees for attempting to organize, even if the employer believe that the employees are undocumented workers. In early 2009, the Flaum Appetizing Corporation terminated seventeen employees and refused to pay back wages, citing the employees’ undocumented status. The Board held that while Flaum may not be responsible for back pay should … Continue reading
Where an employee is disciplined for misconduct purportedly unrelated to protected union activity, the employee must show that there was an improper motivation for the discipline and that the employer would not have taken the same action without the improper motivation. A hospital employee was suspended and ultimately fired for alleged misconduct connected with her … Continue reading
Sections of the 2011 Wisconsin Act 10 that restrict collective bargaining rights of municipal employees and impose burdensome requirements on unions, are unconstitutional in that they violate free speech and freedom of association. Madison Teachers, Inc. and the Public Employees Local 61 sued Governor Scott Walker and three commissioners of the Wisconsin Employment Relations Commission … Continue reading
