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16 Oct 2017 Survey Says: Incentive-Based Pay Systems Provide Higher Compensation Than Time-Based Models

Labor Agreements | David Pryzbylski

  Anyone who has engaged in collective bargaining knows that, generally, unions throw their arms up at any proposal dealing with incentive-based pay versus time-based pay systems. Their rationale can range from distrust to unfounded beliefs that incentive-based pay somehow detracts from seniority. However, new data published by the Bureau of Labor Statistics (BLS) – a government entity that tracks labor data in the U.S. – gives some nice bargaining ammunition to employers looking to…

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29 Jun 2017 An Unlikely Union: Labor Leaders Join Trump In Seeking Changes to NAFTA

Labor Agreements | David Pryzbylski

  President Trump announced earlier this year that his administration will be seeking to renegotiate the North American Free Trade Agreement (NAFTA). The president heavily criticized the longstanding trade deal during his campaign, so this came as little surprise. American labor unions also have been critical of NAFTA over the years due to perceived negative impact on American jobs and actively lobbied against its passage back in the ‘90s. While organized labor by and large tends…

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09 Feb 2015 Another challenge to Michigan’s Right to Work law bites the dust

Labor Agreements, Unions and Union Membership | Keith Brodie

As we reported over a year ago, among the several lawsuits filed challenging Michigan’s Right to Work law was a suit claiming the procedure used when passing the law in December 2012 violated Michigan’s Open Meetings Act.  The union groups who filed the lawsuit, supported by the ACLU, premised their claim on the fact that due to action by law enforcement closing the Capitol Building for safety reasons, members of the public were prevented from…

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28 Jul 2014 INDIANA COURT LACKS JURISDICTION OVER EMPLOYEE’S THREAT

Federal Laws and Legislation, Labor Agreements | Gerald Lutkus

When does a threat to blow your supervisor’s head off fall outside the scope of a state court’s jurisdiction? Apparently, when you are employed in Indiana.   The Indiana Court of Appeals recently vacated an injunction entered against an employee under Indiana’s Workforce Violence Restraining Orders Act finding that the employee’s threat against his supervisor actually arose out of a “labor dispute” with his employer.   According to the Court’s opinion, the issue surfaced after…

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30 May 2014 DOL’s Proposed Rule Concerning Reporting Use of Labor Consultants Slated to Become Final in December

Labor Agreements | Scott Witlin

  On Friday, May 23, the White House released its bi-annual Unified Agenda, including an update on the timing of Department of Labor’s (DOL) proposed rule altering definitions of labor relations consultants for the purpose of required employer reporting.  According to the Unified Agenda, the DOL’s rule is set to become final in December 2014, the same time period when the DOL intends to publish  a notice and comment rulemaking seeking consideration of an updated…

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11 Jun 2013 ACLU’s Stealth Challenge to Michigan Right to Work…Could Open Meetings Act Lawsuit Sink Controversial Law?

Labor Agreements | Keith Brodie

While much of the initial fervor related to Michigan passing right to work legislation has subsided, a lawsuit that could collaterally challenge the law silently proceeds. As we previously reported, a lawsuit was filed under Michigan’s Open Meetings Act to challenge the process used by the Michigan’s Legislature to pass the controversial legislation. In January, the ACLU stepped in to litigate on behalf of the groups challenging the law. Recently, Michigan Radio’s Political Analyst Jack…

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01 May 2013 Indiana Court of Appeals Overturns Employer’s Common Construction Wage Victory

Labor Agreements | Gerald Lutkus

We rarely see reported decisions on the common construction wage, so William Wressell v. R.L. Turner Corporation caught our eye. In this case, the Indiana Court of Appeals this month ruled that summary judgment was inappropriately entered for an employer on an employee’s claim that he was paid under the wrong job classification. Two items are of some note in the opinion. First, the trial court had struck from the summary judgment record eight paragraphs…

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11 Apr 2013 Overcoming Criticism, the Preventing Greater Uncertainty in Labor-Management Relations Act Moves Forward

Labor Agreements | Adam Bartrom

The Preventing Greater Uncertainty in Labor-Management Relations Act progressed towards a vote on the House floor. Overcoming criticism by Democrats, the Bill won a 7-3 vote in the House Rules Committee. As previously discussed by us here, the Bill, amongst other things, would seek to ban the NLRB from taking action which requires quorom until the Noel Canning controversy is resolved via: (1) Senate confirmation of the appointees; (2) Supreme Court decision; or (3) the 113th Congress adjourns…

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