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BT Labor Relations - Current News and Practical Analysis
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30 Apr 2018 NLRB Expands Unions’ Ability to Acquire Information to Investigate Discrimination Complaints

On April 13, 2018, the NLRB found that an employer was required to provide a union with individual contracts that were not contemplated under the relevant collective bargaining agreement (CBA) in order for the union to review the contracts and investigate complaints of gender discrimination. The principal flutist in the Colorado Symphony Association informed the union that she believed she was being paid less than her male counterparts. At that time, the flutist was in…

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02 Feb 2018 Supreme Court to Decide Whether “Fair Share” Fees Violate Free Speech

  On February 26, 2018, the United States Supreme Court is set to hear arguments regarding whether public employees who decide to not join their designated union may still be charged “agency fees” in support of collective bargaining in the case styled as Janus v. American Federation of State, County, and Municipal Employees. The Court’s 1977 decision in Abood v. Detroit Board of Education allows unions to charge fees to non-members for collective bargaining, but…

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10 Jul 2017 Department of Labor Aims to Rescind ‘Persuader Rule’; Comments Due Aug. 11

  Last month, the U.S. Department of Labor (DOL) submitted a notice of proposed rulemaking intended to rescind what is known as the “persuader rule.” We previously reported that the persuader rule, which was first published in 2016 during the Obama administration, was controversial and had been tied up in litigation for months; at the end of 2016, a federal court stopped it from being enacted. The rule would have required employers to publicly disclose…

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07 Jul 2017 Eighth Circuit Sides With Jimmy John’s and Finds Employee Actions Were Not Protected Activity

  The U.S. Court of Appeals for the Eighth Circuit found on July 3 that employees of a Jimmy John’s franchisee made false and calculated accusations that were intended to hurt the business interest of their employer, rather than to encourage change in workplace policies. The ruling reverses an NLRB decision and an initial verdict by an Eighth Circuit panel.   In 2010, the Jimmy John’s Workers Union, an affiliation of the Industrial Workers of…

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