Calculation of AWW when considering future earning per a union contractBy Megan Kivisto & Peter CortiWorkers’ Compensation Law, August 2013In addition to setting forth a clear rule regarding calculation of wage differential benefits, the case of United Airlines, Inc. v. Illinois Workers’ Compensation Commission reminds us that speculative evidence has no place in our practice.
DC Circuit strikes down NLRB notice ruleBy Gerard A. McInnisLabor and Employment Law, May 2013The United States Court of Appeals for the District of Columbia Circuit has struck down the NLRB’s rule requiring all employers covered by the National Labor Relations Act to post a notice informing employees of their rights under the Act.
NLRB Office of Advice proposed Confidentiality RuleBy Gerard A. McInnisLabor and Employment Law, May 2013An employer who adopts the rule outlined in this article is less likely to face a complaint from a Regional Office
Court properly entered injunction during unfair labor practice proceedingsBy Michael R. LiedLabor and Employment Law, March 2012In the case of Lineback v. Irving Ready-Mix, Inc., the Seventh Circuit Court of Appeals decided a district court properly granted injunctive relief pending resolution of unfair labor practice charges with the National Labor Relations Board (“NLRB”).
U.S. Dept. of Labor proposes child labor rules affecting agricultureBy Craig J. SondgerothAgricultural Law, February 2012The proposed rules were likely a result of recent child injuries and deaths in agriculture, including the 2010 deaths of two Illinoisans, ages 14 and 19.
The Illinois Public Labor Relations Act—Who is a Supervisor?By John H. BrechinLocal Government Law, August 2008The recent decision of City of Washington v. Illinois Labor Relations Board and Laborers International Union of North America, Local 231 examined this issue again in the context of determining who in the City of Washington’s Public Services Department were properly classified as supervisors.
Recent statutory developments in Illinois labor & employment lawBy Richard L. Samson & Matthew LevineLaw Office Management and Economics, Standing Committee on, April 2008This article discusses the amendment to the amendment to Illinois’ Right to Privacy in the Workplace Act, as well as most Illinois laws passed over the last several years affecting the employee-employer dynamic.
NLRB modifies recognition bar ruleBy Michael R. LiedLabor and Employment Law, February 2008The time-honored way in which employees select a union representative has been through a secret ballot conducted by the National Labor Relations Board (the “Board”).
Union not entitled to employee e-mail addressesBy Michael R. LiedLabor and Employment Law, November 2007In Trustees of Columbia University, Case 2-RC-22355 (August 9, 2007), a majority of a panel of the National Labor Relations Board (“Board”) found the employer did not violate the law when it refused to provide the union with e-mail addresses of eligible voters.
NLRB changes damages presumptions when employer refuses to hire paid union organizersBy Michael R. LiedLabor and Employment Law, August 2007In Oil Capital Sheet Metal, Inc., 349 NLRB No. 118 (2007), the Complaint alleged, and the Administrative Law Judge found, that the Respondent violated Section 8(a)(3) of the National Labor Relations Act by refusing to hire Couch, a paid union organizer.
Employer’s handbook rules discourage protected labor activityBy Michael R. LiedLabor and Employment Law, March 2007The lesson in Guardsmark, LLC v. N.L.R.B. is that it is important to review handbook language to assure that it does not violate Federal labor law.
When are single-location bargaining units appropriate for health care employers?By Benjamin E. GehrtLabor and Employment Law, March 2007In County of Cook (Provident Hospital, the Illinois Court of Appeals was presented with the issue of what standard should be applied to determine if a single-location bargaining unit is appropriate for a health care employer with multiple facilities.
NLRB issues major ruling on supervisory statusBy Keri A. LeggLabor and Employment Law, December 2006In a major decision just issued, Oakwood Healthcare, the National Labor Relations Board (the “Board”) clarified the guidelines for determining whether an individual is a supervisor under the National Labor Relations Act (the “Act”).
NLRB decides successorship issuesBy Michael R. LiedLabor and Employment Law, September 2006In Planned Building Services, Inc., 347 NLRB No. 64, the National Labor Relations Board (“Board”) considered what it describes as two significant issues: (1) the appropriate analytical framework to be applied in determining whether an alleged successor employer has unlawfully refused to hire its predecessor’s employees to avoid a bargaining obligation; and (2) the appropriate make-whole remedy when a successor employer discriminatorily denies employment to its predecessor’s employees and violates its duty to bargain by unilaterally setting initial terms and conditions of employment.
Union violated labor law by photographing employeesBy Michael R. LiedLabor and Employment Law, September 2006Randell Warehouse of Arizona, Inc., 347 NLRB No. 56 (“Randell II”), presented the issue of whether a union’s unexplained photographing of employees while union representatives distributed campaign literature to them prior to an election constituted objectionable conduct.
What happened in Vegas is not staying in VegasBy Darrell SteinbergLabor and Employment Law, March 2006The labor relations world is becoming aware of what Las Vegas already knows—that “card check” neutrality agreements are the new world order for union organizing.
Recent labor law case decisionsBy Everett NicholasEducation Law, January 2005Kelly Baird was employed as Superintendent at Warren CUSD No. 205 under a three (3) year contract which began in 2000
Casino’s policies violate National Labor Relations ActBy Michael R. LiedLabor and Employment Law, August 2004In Double Eagle Hotel and Casino, 341 NLRB No. 17 (2004), a three-member panel of the National Labor Relations Board ("NLRB") found that several of the casino's policies violated the National Labor Relations Act ("NLRA").
Dues are due (and due and due. . .)By J.A. SebastianLabor and Employment Law, August 2004Public Act 93-853 (House Bill 4374) signed into law August 2, 2004, amends the Illinois Public Relations Act, Section 6(f), (5 ILCS 315/6(f)), to require employers to continue to collect union dues even after the collective bargaining agreement has ended.
Unforeseeable business circumstance excuses plant closing without WARN noticeBy Michael R. LiedLabor and Employment Law, April 2003In Watson et al. v. Michigan Industrial Holdings, Inc. et al., 2002 U.S. App. LEXIS 23889 (6th Cir. 2002), Michigan Industrial Holdings, Inc. (MIHI) provided new and aftermarket forgings for Dana Corporation
FLSA class action lawsuits aboundBy J.J. McGrathCorporate Law Departments, February 2003Did you know that class action lawsuits claiming FLSA violations have surpassed employment discrimination class actions pending in the federal courts?
