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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 […]
President Barack Obama announced his intent to nominate Craig Becker and Mark Pearce to the National Labor Relations Board (NLRB) in a White House press release issued Friday, April 24, 2009. Congress created the NLRB in 1935 to administer the National Labor Relations Act (NLRA), the principal law that governs relations between labor unions, employers, […]
By Sara Parchello The face of unionization in Canada is changing. Although it’s declining in the private sector, it’s increasing in the public sector. A few recent decisions by Canadian courts show this trend. The most recent is a decision involving the Royal Canadian Mounted Police (commonly known as the “Mounties”). On April 6, 2009, […]
By Karen Sargeant In the last several months, we have posted several blog entries detailing how employers can reduce employment costs and/or increase workforce flexibility in these tough economic times. We have talked about furloughs, work-sharing programs, changing employment contracts, adjusting the size of the workforce and reducing employees’ hours of work. But all of […]
After forming an ad hoc committee called the “Committee for a Level Playing Field for Union Elections,” three U.S. retailer giants announced an alternative to the controversial Employee Free Choice Act (EFCA). Starbucks Corp., Costco Wholesale Corp., and Whole Foods Market, Inc., outlined six principles they believe represent a compromise between business and labor interests. […]