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Often a source of interest and concern for employers and unions alike, the National Labor Relations Board (NLRB) has been particularly top of mind in recent weeks. Observers have noted uncertainty over whether the agency will be able to muster a quorum as terms end this year for two of the five members. Additionally, business […]
Earlier this week, we reported that the National Labor Relations Board (NLRB) has proposed amended rules that would streamline the union election process, making it easier for employees to unionize. The regulations, which appeared in Wednesday’s Federal Register, firmly divide the pro- and antiunion factions, being lauded by AFL-CIO President Richard Trumka as “a commonsense […]
Tuesday, the National Labor Relations Board (NLRB) will begin its unfair labor practice case against Boeing, insisting that the company may not move some of its operations from Washington to South Carolina because the move might somehow violate workers’ rights. The outcome of this case goes well beyond South Carolina, but it is vitally important […]
by Emilie Paquin-Holmested and Dominique Monet The Supreme Court of Canada, in Québec (Procureur général) c. Syndicat de la fonction publique, recently struck down a clause in a collective agreement. The clause in question prevented certain employees from challenging discipline through grievance arbitration. The Court declared the clause void because it contravened a statutory minimum […]
After a 5-4 ruling delivered January 21 by the U.S. Supreme Court, corporations and labor unions will now be permitted to spend as much as they wish on independent activities in support or opposition of presidential and congressional candidates. The restrictions on campaign expenditures had been in place for decades. In Citizens United v. Federal […]
The White House reportedly reached a deal with organized labor on Thursday over the controversial “Cadillac” tax found in the U.S. Senate’s health care reform bill. The original provision in the Senate’s Patient Protection and Affordable Care Act (H.R. 3590) creates a tax on employer-sponsored high-end “Cadillac” coverage. Under the original provision, the tax would […]
By Marc Ouellet and Louise Béchamp On November 27, 2009, in two cases involving Wal-Mart (Plourde v. Wal-Mart Canada Corp. and Desbiens v. Wal-Mart Canada Corp.), the Supreme Court of Canada rendered its much-awaited decision on an employer’s right to close operations for alleged antiunion reasons. The Supreme Court decisions rule that Wal-Mart could close […]
Senator Arlen Specter, the Republican-turned-Democrat from Pennsylvania, announced on Tuesday, September 15, 2009, at the AFL-CIO convention that he expects Congress to pass a version of the Employee Free Choice Act (EFCA) before the end of the year. He referenced a compromise of the controversial bill that he has been working on and added, “We […]
Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]
Managing absenteeism can be a significant challenge for Canadian employers. A wide variety of factual situations may be complicated by employment standards, privacy and human rights laws, as well as any applicable union agreements. An example of the potential challenges of implementing an attendance management program (AMP) is the decade-long battle between Coast Mountain Bus […]