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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 18
  • October
  • 2019

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Approved! NLRB Okays Workplace Policies on Media Contact and Confidentiality

Last Thursday, the NLRB approved a pair of workplace rules in a decision related to the protection of proprietary client and vendor lists and limits on who may speak to the media on the employer’s behalf. The Board grounded its decision in a common sense reading of the text of the workplace rules, finding that neither rule could reasonably be read to limit any protected activity, despite some minor points of textual ambiguity.

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  • 13
  • September
  • 2019

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A Collective Bargaining Agreement’s Management Rights Clause Is No Longer Meaningless

One of the biggest complaints that you will hear from employers with unionized workforces is that it is so difficult to implement minor policy changes during the term of a collectively bargained contract. For example, the employer may want to implement a new safety policy to address a recent increase in workplace injuries that could have been prevented had the employees been wearing the required PPE (Personal Protective Equipment). The employer adds a new provision to the PPE rule that requires employees caught without their PPE to undergo a mandatory retraining program on the first instance and be subject to discipline, up to including termination, for any subsequent violations.

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  • 10
  • September
  • 2019

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Property Lines No. 2: Where Charity Meets Labor Rights

Late last month, I wrote about how an employer balances its property rights against the rights of employees of third parties working on their worksite. The key takeaway from that blog post was that every employer needs to think about certain property-related issues if one of its contractors were to have a labor dispute with its employees. As I said then, it is always better to think through these issues before you are faced with the angry union organizers picketing your contractor in front of your facility.

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  • 22
  • August
  • 2019

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Union — Employer Scandals Hurt Many Modern Workplaces

In many American workplaces, the union that represents the employees has been ensconced for decades. So long, in fact, that it’s quite possible that none of the current employees ever voted for the union that represents them. Even so, the odds of these employees turning against that union or seeking to decertify it are very low.

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  • 25
  • June
  • 2019

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Does Your Arbitration Agreement Include a Carve-Out for Employee Access to the National Labor Relations Board? It Should.

Most employers mandating arbitration agreements as a condition of employment do not intend to prevent employees from filing unfair labor charges with the National Labor Relations Board (“Board”). But unless their agreements contain a “savings clause” making that clear to employees, they are susceptible to challenge that, at least according to the Board, could invalidate the entire agreement. 

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner