Insights

The U.S. Supreme Court has just overturned a key element of the standard long applied by the National Labor Relations Board (“NLRB”) in determining whether an employee is a supervisor. The Court ruled that certain...

For 50 years, the National Labor Relations Board (the “NLRB”) has held that an employer may lawfully withdraw recognition unilaterally from an incumbent union if the employer has a good faith doubt, based on...

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...

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...

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...

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...

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...

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...

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...

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...