Insights

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...

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...

It is a fundamental rule of labor law that arbitration is a matter of contract and that a party may be required to submit a dispute to arbitration only if it has agreed to do so. Thus, when a collective bargaining agreement...

The National Labor Relations Board (the “NLRB”) recently ruled that an employer’s decision to subcontract work, even where the decision to subcontract is unrelated to labor costs, is a mandatory subject of...