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With March Madness in full swing, thousands of us will gather around to watch young, talented athletes battle for the coveted National Title. Many of us are drawn to college basketball because of what it represents: young, motivated students playing their hearts out in the hopes of having a career in the NBA. In the […]
The National Labor Relations Board (NLRB) adopted a new standard for evaluating joint employers that takes effect February 26, 2024. The rule greatly expands when two or more entities may be considered joint entities. As a result, certain employers will now be mandated to participate in collective bargaining and can be found liable for unfair […]
On June 1, 2023, the U.S. Supreme Court issued a decision some have deemed a blow to the right to strike. The 8-1 decision crossed ideological lines, as both conservative and liberal members of the Court either joined the majority opinion or concurred. Strike In August 2017, the collective bargaining agreement between cement manufacturer Glacier […]
A federal district court in Massachusetts recently issued a decision that serves as a good reminder to employers to review their policies related to employee drug or alcohol use both on and off duty and ensure they are consistently applied. While the case involved a unionized employer, even nonunion employers should review the decision because […]
The National Labor Relations Board (NLRB) has announced a proposal to amend its rules by making employer-friendly changes that continue the Board’s efforts to reverse union gains made during the Obama administration.
by Stéphane Fillion and Laïla Tremblay In Canada, many cases have considered and limited an employer’s freedom of expression during collective bargaining. But what about the freedom of expression of the employees during that period? Is it similarly limited? In Québec (Procureure Générale) v. Commission des relations du travail, division des relations du travail (available […]
by Valérie Gareau-Dalpé In several jurisdictions across Canada, the issue of unionization of managers and supervisors is a thorny one. In many cases, unionization is restricted to “employees,” a definition from which managers are excluded. In the province of Québec, the exclusion is based partly on the potential for conflicts of interest in having managers […]
by David McDonald In Canada, collective agreements are generally accessible to the public. Canadian jurisdictions provide mechanisms to file collective agreements with government authorities, and it is not uncommon for the union or the employer to post their agreement on the web. However, the process of bargaining itself is private and typically carefully guarded by […]
by Leslie E. Silverman There is a common refrain uttered by management lawyers, “No good deed goes unpunished.” Yes, it is cynical, but as employers in the high-tech sector are beginning to discover, it is often true. Currently, Microsoft is dealing with issues as a result of well-intended diversity and corporate social responsibility efforts. Social […]
by Megan Rolland In Canada, a recent Ontario arbitration decision serves as a cautionary tale for employers who use social media to interact with customers and clients.