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Are Non-Union Employees Entitled to Representation at Disciplinary Meetings?

By: Christopher R. Henderson, Esq.

Are your non-union employees entitled to representation during meetings which may lead to discipline?  Not yet, but the National Labor Relations Board (NLRB) is looking to change that dynamic.  For the union-free among us, unionized employees are entitled to, upon request, union representation in any investigatory interview that could reasonably lead to discipline of that […]

Municipal Employers: CT Supreme Court Says Unilateral Action Must Be Clear and Unmistakable

By: Christopher R. Henderson, Esq.

Co-authored by Jordan A. Vazzano The Connecticut Supreme Court issued a decision on October 19 with considerable implications for municipalities and labor relations. Importantly, it clarified the role of the State Labor Board, the influence of the National Labor Relations Act which governs private sector labor law on the national scale, and examined the authority […]

Organizational Code of Ethics Essential Components

By: Christopher R. Henderson, Esq.

Compliance and risk mitigation are some of the reasons an organization should adopt a code of ethics.  As previously discussed, there are a multitude of good reasons to adopt a code of ethics to guide the behavior of employees and organizational leadership.  Once an organization decides to adopt a code of ethics, they are faced with the […]

Committing to Codes of Ethics

By: Christopher R. Henderson, Esq.

From the U.S. Supreme Court to the proliferation of artificial intelligence in the workplace, the importance of organizational ethics has recently been in the news.  The character, habits, and customs of an organization define how the organization functions and is viewed in the eyes of others.  A strong commitment to ethics breeds trust and confidence.  […]

Information Requests Under FOI v. MERA: How to Comply

By: Christopher R. Henderson, Esq.

From time to time, we receive emails from clients seeking advice on whether an information request should be classified as a request under the Municipal Employees Relations Act (MERA) or the Connecticut Freedom of Information Act (FOIA). It is crucial to properly distinguish between the two laws as conflating them or treating a request under […]

The NLRB Continues to Push Its Legislative Agenda Through Its Administrative Functions

By: Christopher R. Henderson, Esq.

In case you missed it – President Biden in his State of the Union speech, for the second straight year, urged Congress to pass the Protecting the Right to Organize (PRO) Act. The PRO Act is largely a wish list for organized labor. President Biden in his address said, “I’m so sick and tired of […]

The End of Union Elections?

By: Christopher R. Henderson, Esq.

Many would consider a secret ballot election by a group of employees seeking to organize into a union an example of democracy at work.  In a union election, the employees hear from union representatives touting the benefits of unionization, while the employer gets an opportunity to inform the workers, within lawful means, about why unionization […]

Pandemic Impacts on the Duty to Bargain Under MERA

By: Christopher R. Henderson, Esq.

The State Board of Labor Relations (SBLR) recently addressed the issue of whether the pandemic and the federal, state, or local mandates imposed as a result of the pandemic dispense with an employer’s duty to bargain over a change in working conditions.  In a case decided on March 3, 2022, the SBLR found that, although […]

Why Non-Union Private Employers Should Be Aware of the National Labor Relations Act

By: Christopher R. Henderson, Esq.

It is a common misunderstanding that the National Labor Relations Act (NLRA) only applies to unionized employers. It doesn’t – and being unaware of that fact can lead to increased liability and substantial costs.  The heart of the NLRA is Section 7, which provides employees “the right to self organization, to form, join, or assist […]

A Cautionary Reminder For Public Sector Employers

By: Christopher R. Henderson, Esq.

At the end of 2021, the State Board of Labor Relations (SBLR) issued a decision that serves as an important and cautionary reminder to take seriously the prohibition against direct dealing and union retaliation.  The Municipal Employee Relations Act (MERA), like many collective bargaining statutes across the country, prohibits an employer from negotiating terms or […]