Category: Blog

I Think We’re Gonna Need A Bigger Bulletin Board…

Posted on 08/27/11 by JMFavreau

On Notice On November 14, the National Labor Relations Board will start requiring private sector employers to post notices intended to educate employees about their rights under the National Labor Relations Act.  With this new regulation, the Board has taken a step forward in addressing the fact that most American workers are not aware of [...]

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The Illusion of the “Make Whole” Remedy

Posted on 08/05/11 by JMFavreau

In arbitration, advocates for suspended or discharged employees routinely argue for a “make whole” remedy, which includes back pay and restoration of benefits and seniority rights. The idea is that a worker should be put into the position he would have been in had the employer not wrongfully suspended or fired him. However, it wasn’t [...]

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A Return to 1934?

Posted on 06/06/11 by kpstraus

Section 1 of the National Labor Relations Act (from the original 1935 Wagner Act) is premised on facilitating the flow of commerce by reducing industrial “strife and unrest” through collective bargaining and peaceful dispute resolution mechanisms.  In light of the recent controversy involving public sector unions, it would seem virtually impossible that the following language [...]

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World Day Against Child Labor

Posted on 05/20/11 by kpstraus

Apparently, June 12 is World Day Against Child Labor. It’s hard to believe that we’re still fighting child labor in the 21st Century.

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Captive Audiences

Posted on 05/20/11 by kpstraus

Once again, our friend Dmitri has an interesting piece on labor law in today’s union-unfriendly environment. Check out this piece in the Providence Journal on employer captive audience speeches and employees’ First Amendment rights. (originally posted December 3, 2007)

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Chipping Away at Title VII

Posted on 05/20/11 by kpstraus

The Supreme Court has just taken another bite out of employees’ rights to challenge workplace discrimination. The decision limits employees’ ability to redress discrimination under Title VII of the Civil Rights Act of 1964 unless they can point to a “discrete act” that occurred within 180 days of the complaint. In this case, the plaintiff, [...]

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