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
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 fairly elected labor organization is entitled to bargain with organizations or businesses on behalf of union employees regardless of the organization or business’s objections. The Union won a representation election conducted at Salem Hospital and soon after requested bargaining with Respondent who refused to meet and bargain with them. Section 8(a)(5) of the Act … Continue reading
Employer was found to have terminated an employee in violation of the National Labor Relations Act when the employee used email and social media to try and start a union. Pflantzer was fired after he contacted other employees about starting a union and posted on a closed facebook page for NYC Tour Guides and sent … Continue reading
Article 14, Section 1 of the Collective Bargaining Agreement (CBA) between the National Football League (NFL) and the National Football League Players Association (NFLPA) does not apply to players providing or offering to provide financial incentives to injure opponents. In this case, the NFL Commissioner suspended four New Orleans Saints players for allegedly receiving monetary … Continue reading
A Union acts in bad faith against union members when the union discriminatorily and retroactively applies a new seniority policy that punishes certain bargaining unit employees. On the day which the Federal Aviation Administration’s new work rules were to be implemented against the NATCA’s wishes, the NATCA applied an amendment to its national constitution, whereby … 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
Employers who issue broad and routine instructions prohibiting employees from discussing internal investigations need to demonstrate that confidentiality is necessary to further a legitimate business interest, otherwise, the employer could be found to be in violation of Section 8(a)(1) of the National Labor Relations Act (“NLRA”). Banner Health System routinely instructed employees involved in internal … Continue reading
