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Category Archives: union organizing
WATCH OUT FOR “REGULATION BY SHAME”
When OSHA Assistant Secretary Michaels and Jordan Barab famously admitted that OSHA was utilizing large penalties accompanied by harsh press releases to “motivate” employers to comply, I had mixed feelings. Fear is a great motivator. Aggressive publication of legitimate noteworthy OSHA citations … Continue reading
Will OSHA’s New Interpretation Improve Safety?
Non-employees accompanying OSHA on an inspection of a non-union work site? This Post is going to stir up some discussion. Many employers have learned that third parties can use safety issues to bring pressure on employers by harming the company’s … Continue reading
Posted in concerted protected activity, government inspections, OSHA, union organizing, unions
Tagged campaigns against employers using safety, osha allows union organizers to participate in inspections even if they do not represent employees, osha opens door to non employees during inspections, response to new osha interpretation allowing non employees to participate in inspections
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Response to Another NLRB Social Media Question.
As is often the case, we received hordes of fact-specific questions about what policies are being challenged by the NLRB, and what language has been approved regarding professional behavior, use of social media, courtesy and privacy. I am tempted to … Continue reading
More Safety-Driven Attacks on Retailers
Read the press on allegations that contractors for a major retailer locked employees in during cleaning and committed other safety violations. I have no idea as to the validity of the claims against the contractors. I do know that Target is a … Continue reading
Posted in concerted protected activity, employer policies, government inspections, hospitality, OSHA, union organizing, workers comp
Tagged concerted protected activity, fast food restaurants, osha liabilty for contractors, retail osha issues, retail workers, safety attacks on hotels and restaurants, safety claims against retailers
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Worst Case Scenario – National Claims and a Painful Ergonomic Settlement
This is a sobering Blog. There are legitimate workplace safety concerns involving ergonomic issues in many industries, but how would you like to be on the receiving end of the attacks described below? Let’ discuss the most recent development in … Continue reading
Posted in aging workforce, concerted protected activity, cultural changes, employer policies, government inspections, hospitality, incentive plans, OSHA, retail, social media, union organizing, unions, wellness, workers comp
Tagged accomodating injured workers, Cal-OSHA obtains ergonomic concessions from hotel, concerted protected activity, controlling workers comp costs, discrimination claims, employee attitudes, employee safety, employer policies, ergonomic claims against hospitality employers, fast food restaurants, hotels, OSHA Inspections, social media, union corp[orate campaigns, union organizing, UNITE-HERE
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D.C. Court of Appeals Rules NLRB Recess Appointments Were Unconstitutional
Wow. The Administration will appeal this decision to the U.S. Supreme Court, but if the Court upholds the Appeals Court, hundreds of NLRB decisions, some of them quite controversial, will be thrown out. I hope that we do not now hear a … Continue reading
Posted in concerted protected activity, discipline and discharge, employer policies, government inspections, NLRB, social media, union organizing, unions
Tagged concerted protected activity, court rules recess nlrb appointments are unconstitutional, invalidates NLRB decisions, nlrb and social media, recess appointments, social media, union organizing
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Predictions About the NLRB
The Workforce Fairness Institute just published an interesting analysis of likely actions by the NLRB in 2013 – NLRB Targets Secret Ballot and Employee Private Information. The authors feel pretty strongly about the material and make little pretense of neutrality, … Continue reading
Posted in concerted protected activity, discipline and discharge, employer policies, government inspections, hospitality, NLRB, social media, union organizing, unions
Tagged concerted protected activity, employer policies, fast food restaurants, nlrb and social media, union organizing
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Wash Your $!&# Hands! Employers and the Flu
The CDC reports that the current flu season will be the worst one in recent years. On January 9, news outlets carried stories about the City of Boston declaring a state of public health emergency and of Chicago hospitals having … Continue reading
Posted in aging workforce, concerted protected activity, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, generational differences, government inspections, hospitality, managing legal matters, manufacturing, NLRB, OSHA, retail, social media, union organizing, unions, wellness
Tagged ADA, ada and flu vaccine, concerted protected activity, controlling workers comp costs, discrimination claims, EEOC, employee safety, employer benefit plans, employer flu policies, employer policies, fast food restaurants, infectious disease, managing younger workers, mandatory flu vaccines, nlrb and flu vaccine, nlrb and social media, religious discrimination claims and vaccination, requiring flu vaccines
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The Care and Feeding Of Counsel
My Las Vegas partner, Mark Ricciardi, recently posted the Fourth Part of his Blog on “Ten Reasons to Find a New Labor Employment Attorney.” I respect Mark’s opinions because he maintains some of our most enthusiastic clients. Over the next … Continue reading
Posted in acqusition and mergers, combustible dust, concerted protected activity, construction, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, government contracting, government inspections, harassment, hospitality, litigation, managing legal matters, manufacturing, NLRB, OSHA, plant openings and closures, plastics, retail, social media, union organizing, unions, wage hour, workplace violence
Tagged concerted protected activity, CRIMINAL BACKGROUND CHECKS, effective lawyers, employer policies, employment attorney, fast food restaurants, management labor attorney, managing lawyers, nlrb and social media, osha combustible dust requirements, OSHA Inspections, reducing legal fees, retail workers, union organizing, wage hour
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NLRB Again Shows No Concern For Employee Privacy In New Ruling
Following its recent rejection of 50-year-old precedent, the NLRB today announced that it reversed 34-year old precedent and eliminated the categorical exemption of employee Witness Statements from being provided to a Union in disciplinary cases. The decision, American Baptist Homes of … Continue reading
Posted in discipline and discharge, NLRB, Uncategorized, union organizing, unions
Tagged 237 NLRB 982, American Baptist Homes of the West d/b/a Piedmont Gardens, Anheuser-Busch, employer policies, Inc., NLRB and confidentiality, NLRB and discipline, nlrb and social media, NLRB out of control?, NLRB requires balancing of employer confidentiality interests and a union’s need for information concerning employee discipline, retail workers, right to work laws and business location, right-to-work, union organizing, union right to employee witness statements, union right to employer information
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Howard Mavity 