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01 Nov 2017 Survivor: Iowa Law Curtailing Public Union’s Powers Fends Off Court Challenge

  A Polk County, Iowa, judge has dismissed a lawsuit we blogged about recently that challenged a new Iowa law curtailing the collective bargaining powers of the state’s public sector unions. Immediately after the law was passed in February, the American Federation of State, County and Municipal Employees Iowa Council 61 (AFSCME) filed a lawsuit claiming the law violated the state’s constitution. AFSCME is a large public sector union representing tens of thousands of government workers…

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

  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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05 Oct 2017 Will Mandatory Fees to Public Unions Survive? SCOTUS Set to Revisit the Issue

  The U.S. Supreme Court will once again address whether public-sector unions can collect mandatory fees from nonmembers to help pay for collective bargaining.   As previously reported, the high court heard this issue last term in the case of Friedrichs v. California Teachers Association and appeared poised to rule against the union, but deadlocked 4-4 following the death of Justice Antonin Scalia. That caused the lower court’s decision in favor of the unions to…

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23 Jun 2017 Negotiating Tips: The Art of the Ratification Bonus

  Every negotiation, especially complex negotiations, requires careful planning and, once things get underway, creative ideas and tools to bring the deal to completion. In the collective bargaining context, one often overlooked tool available to companies that can help “grease the skids” is the ratification bonus (aka “signing bonus”). There are two critical components to an effective ratification bonus: 1) structuring it in a way that truly incentivizes a union to accept the deal you…

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15 Feb 2016 Court Holds Company Can Reject Terms, Conditions of Expired CBA

  Against the constant current of labor-friendly decisions, the Third Circuit Court of Appeals recently provided a win to employers. As most National Labor Relations Board (NLRB) watchers know, the NLRB requires employers to adhere to the terms and conditions of an expired collective bargaining agreement (CBA) either until a new agreement has been reached or the parties achieve impasse.   Continue reading this Barnes & Thornburg publication… Adam BartromAdam Bartrom of the firm’s Labor…

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