Tag Archives: Unions

NLRB: Being Abusive Is Not Protected Union Activity

Photo of Michael ChamberlinPhoto of Joseph S. PersoffBy Michael Chamberlin and Joseph S. Persoff on Posted in NLRB, Unions
Under the National Labor Relations Act (NLRA), a union member cannot be disciplined for forming or joining unions, bargaining collectively, or engaging in other activities for the purpose of collective bargaining, such as striking. But this protection does not immunize a union member from discipline for any type of inappropriate conduct while engaging in protected … Continue Reading

Probationary Periods: A Window Worth Closing

Photo of Marc AntonettiPhoto of Jacqlyn RovineBy Marc Antonetti and Jacqlyn Rovine on Posted in Policies
Probationary periods are a tool long used to test the viability of job candidates. They can provide a window into an employee’s suitability and qualifications for a position. In an economy that continues to have high unemployment, recent graduates, those looking to change careers and those interested in a specific company may be particularly open … Continue Reading

Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

Photo of Bryan O’KeefeBy Bryan O’Keefe on Posted in NLRB, Social Media
Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7 of the National Labor Relations Act, which protects employees’ right to engage in protected concerted activity—that is, the right of … Continue Reading

How NLRB’s New ‘Quickie Election’ Rule Strengthens Unions’ Positions

By Erica Berencsi on Posted in NLRB
On December 12, 2014, by a 3-2 party-line decision, the National Labor Relations Board (“NLRB” or the “Board”) issued a final rule, which if implemented will drastically truncate union election procedures. Such changes are intended to shorten the election period from the current median time of 38 days from petition to election to between 14 … Continue Reading

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

Photo of Pat MuldowneyBy Pat Muldowney on Posted in NLRB, Unions
As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security concerning such information.  Depending upon the outcome of a recently filed charge before the National Labor Relations Board (“NLRB” or the “Board”), unionized employers … Continue Reading

United States Supreme Court Strikes Down Illinois Regulatory Framework Requiring Personal Assistants for Medicaid Recipients to Pay Union Dues or Fees

By M.J. Asensio and Sam Endicott on Posted in Unions
In its much anticipated decision in Harris v. Quinn, 573 U.S. __ (2014), the Supreme Court of the United States in a five to four ruling struck down an Illinois regulatory framework that required personal assistants (PAs) for Medicaid recipients to pay agency fees to the union. The Court held that the First Amendment prohibits … Continue Reading
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