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
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According to a news release issued by the US Department of Labor Bureau of Labor Statistics (BLS), there were 15 major work stoppages in 2013, down from 19 work stoppages in 2012. The term "work stoppage," as used by the BLS, includes strikes initiated by workers as well as lockouts initiated by employers that involve 1,000 or more workers and last at least one shift.
The National Labor Relations Board (NLRB) has reissued proposed amendments to rules and regulations that would streamline and shorten the time for representation case procedures governing the union election process. The amendments are identical to those first proposed by the NLRB in 2011, which were later struck down by a district court judge because the NLRB lacked a quorum when the amendments were adopted.
This podcast takes you inside the Supreme Court for coverage of the closely watched NLRB v. Noel Canning case. The stakes are high for employers because the case could place hundreds of NLRB rulings in doubt. Also featured is a conversation with XpertHR Legal Editor Melissa Boyce about other notable labor law issues to watch for in 2014.
According to the new annual report released by the US Department of Labor's Bureau of Labor Statistics (BLS), the percentage of private sector workers who are union members increased from 6.6 percent in 2012 to 6.7 percent in 2013.
Items such as flame-retardant jackets, hardhats and work gloves that are both designed and used to cover the body and are commonly regarded as articles of dress count as clothes under the Fair Labor Standards Act (FLSA), the Supreme Court ruled in Sandifer v. United States Steel Corp.
The Hours Worked > Clothes-Changing or Washing Under a CBA section of the Employment Law Manual now includes information about what constitutes "clothes" under Section 203(o) of the Fair Labor Standards Act.
As recommended by the Michigan Department of Licensing and Regulatory Affairs, a private employer should post the Michigan Freedom to Work in the Private Sector Poster.
As recommended by the Michigan Department of Licensing and Regulatory Affairs, a public employer should post the Michigan Freedom to Work in the Public Sector Poster.
The Supreme Court heard oral arguments on Monday regarding whether three recess appointments to the National Labor Relations Board were constitutional in NLRB v. Noel Canning. The case is among the most significant of the Court's term because it could place hundreds of NLRB rulings in doubt.
HR and legal considerations for employers regarding the management of labor relations. Support and guidance on the ever growing field of labor law.