As the size of jury verdicts in employment cases – and especially employment discrimination cases – has continued to increase recent years (see What Damages Cap? Significant Jury Awards in Employment Cases in 1999), it...
Category: Labor Relations
In recent years, employers have been faced with an ever-increasing number of employment discrimination claims, including claims for violation of Title VII, the Americans with Disabilities Act (“ADA”), the Age...
Dec 02, 1998
Labor Relations
Supreme Court Rules on Union Waivers of Civil Rights Claims in Collective Bargaining Agreements
Most collective bargaining agreements contain grievance procedures which mandate that disputes be resolved through arbitration, and courts generally read such provisions expansively to require that virtually all workplace...
Dec 02, 1998
Labor Relations
Supreme Court Clarifies Legality of Union Security Clause Requiring “Union Membership”
On November 3, 1998, the U.S. Supreme Court ruled that a union does not violate its duty of fair representation by negotiating a union security clause which requires each covered employee to be a “member in good...
May 01, 1998
Labor Relations
Sexual Harassment Within the Context of the National Labor Relations Act
We examine here two aspects of labor law. The first is whether and in what circumstances certain forms of sexual harassment can constitute an interference with the exercise of an employee’s rights under Section 7 of the...
Sep 22, 1997
Labor Relations
Union Security Clause Facially Invalid
Many collective bargaining agreements contain a union security clause, providing that each employee covered by the agreement must become a member of the union within thirty-one days of the employee’s date of hire. By...
Jan 01, 1996
Labor Relations
NLRB Invalidates Employee Participation Programs: GOP Responds with Teamwork for Employees and Managers Act
Since the 1980s, over 80 percent of large U.S. companies have implemented some form of employee participation program designed to improve workplace policies and develop and effect operational changes advantageous to both...
Jul 01, 1995
Labor Relations
Union Solicitation Rights–Bulletin Boards
Employers faced with the prospect of union-organizing efforts often ask about the means unions may use to solicit the support of employees, as well as the employer’s right to limit those activities. During union...
It is well known that the National Labor Relations Act (the “NLRA”) protects the right of employees to engage in union activity. The scope of the NLRA’s protection, however, is far broader; the statute makes...
It is settled law under the National Labor Relations Act (“NLRA”) that an employer has the right to permanently replace “economic” strikers – employees who strike to support the union’s...