Tag: union

Considerations When Crafting Multi-State Employee Handbooks

No federal or state law requires an employer to publish an employee handbook. However, many HR and legal professionals consider handbooks a best practice. A well-crafted handbook can provide legal protection in a lawsuit should an employee claim they were unaware of the employer’s policies. Handbooks provide vital information on standards of conduct for employees, […]

Duty to Bargain Extends to Immigration Compliance

An employer should have bargained with a union over the effects of its decision to require employees to complete new I-9 forms, a National Labor Relations Board (NLRB) administrative law judge (ALJ) recently ruled. The decision serves as a reminder of the broad scope of the duty to bargain under the National Labor Relations Act […]

Canada Wrestles with Medical Pot’s Impact on Safety-Sensitive Jobs

Perceptions of marijuana have changed dramatically in Canada. What used to be an illegal drug is now a recognized medical treatment and is soon to be a legal recreational activity.  Canada’s Cannabis Act—making recreational marijuana legal—will take effect on October 17, 2018. Employers have struggled to balance the changes against legitimate health and safety issues, […]

joint employer

NLRB Vacates Employer-Friendly Joint-Employment Decision

When the National Labor Relations Board (NLRB) issued a decision on joint employment on December 14, 2017, many employers breathed a sigh of relief as the Board reinstated an old employer-friendly standard on what’s considered joint employment. But now employers find themselves once again judged by the previous, less friendly standard after the NLRB took […]

Phoning it in: Termination appropriate for employee who called in ‘sick’

By Hannah Roskey Determining the legitimacy of an employee’s illness is a tricky situation for employers across Canada. The Alberta Court of Queen’s Bench recently took a firm stance on the abuse of sick leave and found in favor of the employer in Telus Communications Inc. v. Telecommunications Workers’ Union. Telus was correct in firing […]

Lack of trust was the main ingredient in Hostess’ demise

by Dan Oswald It’s a sad day for me. Hostess Brands, the maker of Twinkies, Ho-Hos, and Ding Dongs, is going out of business. While my midsection may not look like it, I haven’t had a Twinkie—or any other Hostess product, for that matter—in more than 30 years. But I hate to see them go. […]

Alleged Harasser Sidelined during Arbitration

By Frederic Parisien Workplace harassment, at the onset, involves two players — the harasser and the harassee. A third party is added once a complaint is filed — the employer. And a fourth player, the union, is added if that complaint is a grievance. To what extent does the alleged harasser continue to be a […]