In SouthCoast Hospital Group, Inc. the NLRB originally found that the Hospital violated 8(a)(1) and (3) of the Act by maintaining and enforcing a hiring/transfer policy (HR 4.06) in which the Hospital gave preference to unrepresented employees over represented
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The Enforceability of Arbitration Agreements Covering 25 Million Employees Wait on a Divided Supreme Court
The U.S. Solicitor General changing positions, the NLRB issuing a follow-up letter to oral arguments and the grave observation that a ruling for employees would invalidate agreements covering 25 million employees all reflect the contentious nature of the consolidated cases
Micro-Units Going, Going…Gone?
With the new make-up of the NLRB resulting in three Republicans sitting on the Board there is no doubt in my mind that the Specialty Healthcare standard in determining appropriate bargaining units will be one of the first of the
Is Your Workforce Secure?
Imagine: in a region where hiring and retaining competent employees is becoming increasingly difficult, a multi-national company announces it will build a plant and employ more than 10,000 workers over the next few years. The pressure to get and keep your
The Fifth Circuit Strengthens Employers’ Right to Use Class Action Waivers
On August 7, 2017, a Fifth Circuit panel ruled, in a divided decision, that a class-action waiver can be enforceable even without an arbitration agreement being involved. In that case, the Convergys Corporation required its applicants to sign a class-action
Finally! NLRB at Full Capacity
For many of us who have been watching the changes made in various administrative agencies the appointments by President Trump to fill the two empty positions on the NLRB is a key start in making changes in a number of
Missouri Moves Forward in Restricting Use of PLAs
On May 30, 2017, Governor Eric Greitens signed the Fairness in Public Construction Act, SB 182, into law. The Bill was introduced by Senator and Assistant Majority Leader, Bob Ondear and modifies Missouri’s law relating to project labor agreements
Dodging the Weingarten Bullet Again
The National Labor Relations Board issued an Order on May 3, 2017 in which it made clear that the Board does not wish to exercise its discretionary authority to expand Weingarten Rights to non-union employees via rule making. The potential
EEOC Subpoenas—The Supreme Court Weighs In on the Standard of Review
More and more it seems disputes are occurring over what information the EEOC may subpoena from employers. On April 3, 2017, the U.S. Supreme Court issued its ruling in McLane Co. v. EEOC, weighing in on the standard of review
DOL Fiduciary Rule Update
Several recent updates regarding the new Department of Labor (DOL) fiduciary rule have caused confusion for our clients. On March 1, 2017, the DOL announced a proposed delay of the new fiduciary rule and prohibited transaction exemptions that were set