Update: The NLRB has announced an indefinite postponement of the rules. See this updated post here. Another month has passed, and we are now ever closer to the effective date of the NLRB’s new posting rules. Thus far, many of the legal challenges to the proposed rule have been ineffective, as the Employer Law Report… Continue Reading
Tag Archives: union
An Overview of “Right to Work”
Posted in Labor Law & NRLBAnyone who has read this blog for a while knows that I am a big fan of the Office of Legislative Research, a little-known office at the Connecticut General Assembly. They produce reports, backgrounders and items like that for legislators and release them to the public. As a result, you can get some free research… Continue Reading
Quick Hits: HR & Social Media Podcast, Class Actions, GPS & FMLA, Shadow Cities
Posted in Class Actions, Human Resources (HR) Compliance, Social MediaThe Dog Days of Summer are officially here. Which means slow news items in the employment law area. Oh sure, there’s the labor unions rewriting their bylaws to get the concession package passed (the equivalent of a mulligan in the Masters). But with Connecticut’s legislature done for the year and the courts slowing down, there’s… Continue Reading
More About the NLRB’s Proposed Rules on So-Called “Quickie Elections”
Posted in Labor Law & NRLB, Laws and RegulationsThis morning, I appeared on Ray Dunaway’s show on WTIC radio (1080 AM) to discuss the NLRB’s new proposed rules on union representation elections. (A link will be available when it is posted online.) Of course, in 5 minutes, there wasn’t much time to explain everything about it (here’s a summary of the proposals from… Continue Reading
Malloy’s Plan B – Big Cuts to DOL, CHRO, Judicial Branch
Posted in CHRO & EEOC, Legislative DevelopmentsThe other shoe has dropped. For now. Governor Malloy late today released his official “Plan B” detailing the layoffs expected as a result of the union concession vote. And it’s ugly. It calls for a 15 percent staff reduction at the Department of Labor, 30 percent reduction at the Commission on Human Rights and Opportunities,… Continue Reading
Imagine If There’s No CHRO. It’s Not Easy If You Try.
Posted in CHRO & EEOC, Legislative DevelopmentsImagine there’s no ….. A few years ago it would have been unfathomable to be considering life in Connecticut without a Commission on Human Rights and Opportunities. After all, it is a necessary step in filing a discrimination complaint in this state. Imagining a Connecticut without the CHRO? No way. But suddenly, dramatically, here we… Continue Reading
Conn. Supreme Court Rejects Hybrid Duty of Fair Representation Claim Without Exhaustion of Administrative Remedy
Posted in LitigationThe Connecticut Supreme Court, in a decision to be officially released next week, has ruled that a municipal employee’s hybrid duty of fair representation claim against his or her union and the employer , must be brought to the State Board of Labor Relations first, and not directly to Superior Court. The case, Piteau v…. Continue Reading
Courant Headline Says Unions Down 17 Percent. Really? Uh, No.
Posted in Human Resources (HR) ComplianceUPDATED 2 p.m. About five weeks ago, I wrote about the new Bureau of Labor Statistics report that showed union membership and representation was down in Connecticut in 2010 from 17.1 percent of the overall workforce to 16.7, or in raw numbers from 265,000 workers to 258,000. But I also noted that compared with 2007 (when… Continue Reading
Another Day. Another Employee Fired Because of Facebook
Posted in Human Resources (HR) Compliance, Labor Law & NRLBHaven’t we heard this before? A Bourne, Massachusetts firefighter was recently fired for — imagine this — his Facebook posts in which he "allegedly railed against [a] police officer over some incident, angrily carried on about being forced to work on the Fourth of July holiday and made a homosexual slur", according to press reports…. Continue Reading
For School Boards, Conn. Supreme Court Clarifies Rules Regarding Dealings with Unions
Posted in LitigationThe Connecticut Supreme Court, in Board of Education v. State Board of Labor Relations, (a decision that will be officially released next week), clarified when it is appropriate for education officials to deal directly with employees and when the union needs to be brought in. The court adopted federal NLRA principles in doing so. The decision… Continue Reading
History Lesson for Candidates: Recalling Prior State Layoffs and the Seven-Year-Old Lawsuit
Posted in LitigationAt last night’s gubernatorial debate, the issue of potential layoffs of state union workers was a hot topic of conversation. (See CT News Junkie for a more detailed report.) Each candidate indicated that layoffs weren’t ruled out if elected. That’s all very well and good, but none of them have mentioned how a prior… Continue Reading
New Second Circuit Decision Takes Some of the “Judgment” Out of the “Business Judgment Rule”, Particularly for Union-Related Matters
Posted in UncategorizedLet the politicians and the newspapers cite a new Second Circuit decision as being important for "saving jobs" in Connecticut. It makes for good press, but for employers, the decision is more important for a different reason than highlighted in the press: The Court has weakened one of the arguments that employers use to support their… Continue Reading
Breakfast with NLRB Regional Director – (Part 3) – What Issues Should Employers Be On the Lookout For?
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, Laws and RegulationsIn posts earlier this week, I’ve discussed what the NLRB’s Connecticut Office is doing and what to expect for 2010. But as I continue to recap the breakfast I attended earlier in the week with NLRB (Region 34) Regional Director Jonathan Kreisberg, of particular importance to employers was the discussion about what issues the NLRB… Continue Reading
Conn. Supreme Court Allows Laid Off State Employees to Proceed with Suit Saying Issues of “Motive” Remain
Posted in LitigationThe Connecticut Supreme Court, in a decision to be officially released next week, ruled Wednesday that several state workers can proceed with their claims that they were fired for political reasons in January 2003. The decision in Conboy v. State of Connecticut (download here), arises from the state’s decision in early 2003 to layoff over… Continue Reading
Quick Takes: New Executive Orders on Federal Contractors, More Ledbetter, AT&T Layoffs, Union Rolls, Lawsuit Avoidance
Posted in Human Resources (HR) Compliance, Laws and RegulationsSince it is another snowy day here in Connecticut, it seems like another opportune time to post about some of the items worth reading and catching up on over the last few days. On Friday, President Obama announed three new executive orders that give broad power now to the Secretary of Labor. These orders involve… Continue Reading
Regardless of EFCA’s Prospects, Employers Can Take Steps to Get Educated, Educate and Prepare
Posted in Human Resources (HR) ComplianceThere’s been some speculation this week that with the Republicans picking up an important 41st seat in the Senate in 2009 (thus having enough votes to filibuster theorhetically), the prospects for passage of the Employee Free Choice Act have gone down, at least in the short term. I’d add to that notion that proponents will have… Continue Reading
BREAKING NEWS: UAW/Foxwoods – “Historic” Agreement Reached to Negotiate Contract Under Tribal Law
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, LitigationThe Mashantucket Pequot Gaming Enterprise (more widely known as Foxwoods) and the UAW at Foxwoods have issued a joint press release moments ago that they have "reached a historic agreement to negotiate a union contract under Tribal Law, without either party waiving their rights under federal law." The agreement comes after the parties agreed earlier this… Continue Reading
Foxwoods/UAW – The Predictable Story Continues with Response by Tribe
Posted in Labor Law & NRLB, LitigationWhile a generic post today about sick leave might be more appropriate today given my absence for a few days, there are some actual updates in the labor and employment law arena that need telling. One such story is the ongoing saga in between the UAW and the Mashantucket Pequot Trial Nation, which runs the Foxwoods… Continue Reading
Words Matter: Being Specific In Sending an Issue to Labor Arbitration
Posted in Human Resources (HR) Compliance, Laws and Regulations, LitigationSuppose you, as an employer, have union-backed employees. The union files a grievance on behalf of three employees alleging that they did not receive "premium" pay on three holidays. Because the dipsute cannot be resolved, the matter is sent to arbitration. For some employers, defining the issue to be sent to arbitration may not seem… Continue Reading
No Surprise: Foxwoods Declines to Bargain with UAW; Formal Appeal to Follow, Later This Summer
Posted in Labor Law & NRLB, LitigationThis should come as a surprise to no one, particuarly given my prior posts, but Foxwoods Casino (properly known as the Mashantucket Pequot Tribal Nation) today formally declined to bargain with the UAW over a contract for approximately 3000 table game dealers, setting up an appeal that will focus on sovereign immunity grounds. The Day first… Continue Reading
Choosing the Fork in the Road: Second Circuit Upholds Collective Bargaining Agreement Between CHRO and its Union Mandating Employees Elect Their Remedy (Court or Arbitration)
Posted in CHRO & EEOC, LitigationIt’s always interesting when the state agency responsible for enforcing discrimination claims is sued for discrimination itself. It’s even more interesting when the agency takes a position that is opposite of the view of the EEOC. But a case decided on July 7th by the Second Circuit Court of Appeals sets up that scenario. The… Continue Reading
Off-Track Betting Workers at Foxwoods Reject UAW’s Efforts to Represent Them
Posted in Human Resources (HR) Compliance, Labor Law & NRLB, LitigationThe ongoing labor battles at Foxwoods took an interesting turn on Friday. For the second time in a month, a group of workers at Foxwoods rejected efforts by a union to represent them. This time, it was the off-track betting workers who decided that they did not want the United Auto Workers (UAW) to represent… Continue Reading
Foxwoods Union Election Update: Workers Reject Engineers Union
Posted in Labor Law & NRLB, LitigationIt’s been a little while since we last checked in with the unionization efforts at Foxwoods. The appeal process of the election of UAW has begun its slow arduous process so don’t expect to hear much on this for weeks or months at a time. But in the meantime, various other groups have been vying… Continue Reading
Rep. Courtney Speaks Out on the Employee Free Choice Act and the Foxwoods/UAW Election
Posted in Labor Law & NRLB, Legislative DevelopmentsOne of the bills in Congress this year that is expected to be heavily debated is the Employee Free Choice Act. What is it? Workplace Horizons has this take on it: "The Employee Free Choice Act (H.R. 800; S. 1041) would amend the National Labor Relations Act to make it significantly easier for unions to… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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