Overview: While the percentage of US workers that are unionized has been declining for years, the importance unions play for those they represent continues to be high. The management of labor relations is an important area of concern in the workplace. Both employers and employees covered by the National Labor Relations Act (NLRA) have rights and obligations regarding the unionization of employees. Some key concepts for employers include collective bargaining, lockout, strikes, unfair labor practice, protected concerted activity, right to work, and good faith bargaining - but there are many more!
Trends: Currently 24 states, mostly in the southern and western areas of the United States, are "Right to Work" states. Union organizing is more difficult in these states because they prohibit a union and an employer from reaching an agreement to require union membership and financial support in the form of dues as a condition of continuing employment.
Non-union employers should NOT be complacent that the NLRA or the NLRB don't apply to them. The NLRB has recently ruled in several broad areas, notably social media and employment-at-will disclaimers, which affect all workplaces, union and non-union alike.
Author: Melissa Boyce, JD, Legal Editor
In a case that sparked nationwide debate, the National Labor Relations Board (NLRB) has declined jurisdiction and, therefore, dismissed an attempt by Northwestern University football players to unionize.
In TruServ Corp. v. NLRB, 254 F.3d 1105, (D.C. Cir. 2001), the United States Court of Appeals for the District of Columbia Circuit addressed whether 1) a genuine bargaining impasse had been reached prior to the employer's implementing terms and conditions of employment, and 2) whether the employer violated the National Labor Relations Act (NLRA) by disciplining unit employees pursuant to unilaterally implemented work rules and refusing to process employee grievances.
In NLRB v. Katz, 369 U.S. 736 (1962), the Supreme Court addressed whether an employer had violated the National Labor Relations Act (NLRA) duty to bargain collectively by instituting changes regarding matters that were the subjects of mandatory bargaining without first consulting the union.
On June 22, 2015, the Morris County Chapter of the Society for Human Resource Management (MC SHRM) held it Eighth Annual Employment Law Symposium, presented in collaboration with Fisher & Phillips, LLP.
The National Labor Relations Board has adopted a new standard for a union's access to witness statements during the course of an investigation.
In-depth review of the spectrum of Michigan employment law requirements HR must follow with respect Strikes, Lockouts and Other "Economic Weapons".
This section helps HR professionals understand how to engage in a good-faith, collective bargaining process with a union in order to achieve a contract. In addition, this section highlights the different categories of subjects of collective bargaining - mandatory, permissive and illegal.
This section helps HR professionals understand the alternative dispute resolution process, including mediation and arbitration, that allows HR and unions to resolve labor disputes in an expedited manner.
This How To details the steps a prudent employer should take to discipline a union member.
This briefing for supervisors examines the law and best practices for disciplining a union employee.
HR and legal considerations for employers regarding the management of labor relations. Support and guidance on the ever growing field of labor law.