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Archive for October, 2011
Arbitration Round-Up
October 13, 2011 by
Beeson Tayer & Bodine
Here is a sample of recent arbitration cases handled by Beeson, Tayer & Bodine. Discharge/“Stealing Time” – Teamsters 386 and Foster Farms: Arbitrator David Nevins reinstated with back pay a Union steward and long-time employee… Read More
Board Upholds Employee Right to Wear T-Shirts Criticizing Employer
Frustrated over the progress of contract negotiations with AT&T, the Communication Workers of America created “prisoner” T-shirts worn by members, including technicians who respond to customer service calls. The word “INMATE #” was written on… Read More
Courts Order Release of Public Employee Retirement Information
In three cases this year, California Courts of Appeal have ruled the California Public Records Act (CPRA) requires county employee retirement systems to disclose pension recipient names and the benefits amount received by retirees. Each… Read More
Employee’s Unwritten Fair Labor Standards Act Complaint Protected from Employer Retaliation
The U.S. Supreme Court has decided that employees are protected from retaliation for making federal wage and hour complaints, even when the complaint is made only orally, and not in writing. After Kevin Kasten orally… Read More
Employees Cannot Be Required to Waive Labor Commissioner Hearing
The California Supreme Court has ruled employers may not require an employee to waive the right to a Labor Commissioner hearing in favor of binding arbitration. (Sonic- Calabasas v. Moreno, (2011) 51 Cal.4th 659.) Under… Read More
Employer May Not Unilaterally Cease Dues Checkoff at Union Contract Expiration
The Ninth Circuit Court of Appeals this September concluded that employers may no longer unilaterally discontinue dues checkoff upon the expiration of a collective bargaining agreement. In the Court’s third visit to the same case,… Read More
Grocery Worker Retention Ordinance Upheld
When a new owner takes over a business, all too often the current employees are the first things to go. In an effort to curb this longstanding tradition in the retail grocery industry, the City… Read More
Labor Code Applies to Nonresidents Working in State for Cal. Employers
The California Supreme Court has issued a decision clarifying the application of California’s wage and hour laws to out-of-state employees working in California. In Sullivan v. Oracle Corp. (2011) 51 Cal.4th 1191, the Court addressed… Read More
New NLRB Rules Should Aid Organizing
The NLRB has proposed two sets of regulations that will take effect this fall and make organizing a bit easier. One of the proposed rules is quite simple — it requires all private sector employers… Read More
NLRB Reverses GOP Excesses
The Obama Board has been busy issuing decisions addressing important rights under the NLRA. Many, but not all, of these decisions mark dramatic improvement in the rules the NLRB applies to union organizing and the… Read More
Arbitration Round-Up
October 13, 2011 by Beeson Tayer & Bodine
Here is a sample of recent arbitration cases handled by Beeson, Tayer & Bodine. Discharge/“Stealing Time” – Teamsters 386 and Foster Farms: Arbitrator David Nevins reinstated with back pay a Union steward and long-time employee… Read More
Board Upholds Employee Right to Wear T-Shirts Criticizing Employer
Frustrated over the progress of contract negotiations with AT&T, the Communication Workers of America created “prisoner” T-shirts worn by members, including technicians who respond to customer service calls. The word “INMATE #” was written on… Read More
Courts Order Release of Public Employee Retirement Information
In three cases this year, California Courts of Appeal have ruled the California Public Records Act (CPRA) requires county employee retirement systems to disclose pension recipient names and the benefits amount received by retirees. Each… Read More
Employee’s Unwritten Fair Labor Standards Act Complaint Protected from Employer Retaliation
The U.S. Supreme Court has decided that employees are protected from retaliation for making federal wage and hour complaints, even when the complaint is made only orally, and not in writing. After Kevin Kasten orally… Read More
Employees Cannot Be Required to Waive Labor Commissioner Hearing
The California Supreme Court has ruled employers may not require an employee to waive the right to a Labor Commissioner hearing in favor of binding arbitration. (Sonic- Calabasas v. Moreno, (2011) 51 Cal.4th 659.) Under… Read More
Employer May Not Unilaterally Cease Dues Checkoff at Union Contract Expiration
The Ninth Circuit Court of Appeals this September concluded that employers may no longer unilaterally discontinue dues checkoff upon the expiration of a collective bargaining agreement. In the Court’s third visit to the same case,… Read More
Grocery Worker Retention Ordinance Upheld
When a new owner takes over a business, all too often the current employees are the first things to go. In an effort to curb this longstanding tradition in the retail grocery industry, the City… Read More
Labor Code Applies to Nonresidents Working in State for Cal. Employers
The California Supreme Court has issued a decision clarifying the application of California’s wage and hour laws to out-of-state employees working in California. In Sullivan v. Oracle Corp. (2011) 51 Cal.4th 1191, the Court addressed… Read More
New NLRB Rules Should Aid Organizing
The NLRB has proposed two sets of regulations that will take effect this fall and make organizing a bit easier. One of the proposed rules is quite simple — it requires all private sector employers… Read More
NLRB Reverses GOP Excesses
The Obama Board has been busy issuing decisions addressing important rights under the NLRA. Many, but not all, of these decisions mark dramatic improvement in the rules the NLRB applies to union organizing and the… Read More