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 […]
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 […]
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 […]
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 […]
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 […]
The Equal Employment Opportunity Commission (EEOC) recently released an update to its technical guidance, adding a new section clarifying under what circumstances COVID-19 could be considered a disability under the Americans with Disabilities Act and the Rehabilitation Act, which could then require an employer to provide a “reasonable accommodation” absent undue hardship. The Department of Justice and Department […]
