The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
Labor Law (Private Sector)
Board Rejects Challenge to Voluntary Recognition Agreements
January 13, 2011 by
Beeson Tayer & Bodine
In a long-anticipated decision the NLRB has rejected a conservative challenge to voluntary recognition agreements. Dana Corp., 356 NLRB No. 49 (2010). The Board confronted the issue of whether an employer that enters into a… Read More
Layoff Decision Not Subject to Bargaining
The California Supreme Court has confirmed PERB’s policy that a public employer’s economically motivated layoff decision is not subject to the meetand- confer obligation. The Court also ruled that a PERB decision not to issue… Read More
Employer’s “Closely Identified” Observer Invalidates Election
In a 2-1 decision, the Obama Board found that the employer, a school bus company, engaged in objectionable conduct in an election among its bus drivers by selecting a nonsupervisory trainer/substitute driver as its election… Read More
NLRB Permits Union Banner at Secondary Employer
January 12, 2011 by
Beeson Tayer & Bodine
In a case of first impression the Obama Board has concluded that a union does not violate the National Labor Relations Act’s ban on secondary picketing when, at a secondary employer’s business, its agents display… Read More
PERB Has Initial Jurisdiction Over Public Employee Strikes
The California Supreme Court has long held that strikes by public sector employees (other than firefighters and law enforcement employees) are not illegal unless the strike creates a substantial and imminent threat to public health… Read More
US Supreme Court Addresses Granite Rock Ratification Dispute
Last June the U.S. Supreme Court issued a decision in Granite Rock v. IBT and Local 287. The dispute arose in June 2004, when Local 287 struck Granite Rock. The strike continued until August 22,… Read More
Vallejo Set to Emerge From Bankruptcy Following Renegotiation of Union Contract
Following the Bankruptcy Court’s 2009 granting of the City of Vallejo’s motion to dismiss its IBEW CBA, the union appealed to US District Court. In June 2010, that court ruled federal bankruptcy laws preempt California… Read More
Arbitration Round-Up
July 12, 2009 by
Beeson Tayer & Bodine
Here is a sampling of recent arbitration cases handled by Beeson, Tayer & Bodine Managerial Support/ Confidential Group and Central Contra Costa County Sanitary District – Suspension (Willful Insubordination): Grievant, a supervisor, was suspended for… Read More
Court Rejects Interest Arbitration for Law Enforcement and Firefighters
A California Court has again rejected the state legislature’s desire to compel interest arbitration of deadlocked MOU negotiations between municipal employers and their law enforcement and firefighter employee organizations. Under the Meyers-Milias-Brown Act when negotiations… Read More
Court Reverses NLRB’s Anti-Union Email Discrimination Test
A federal Court of Appeals has reversed the NLRB on an important, anti-worker holding the Board issued in Register Guard, 351 NLRB No. 70 (2007). (See BTB Labor Law Bulletin, Jan. ’09, p. 2.) In… Read More
Board Rejects Challenge to Voluntary Recognition Agreements
January 13, 2011 by Beeson Tayer & Bodine
In a long-anticipated decision the NLRB has rejected a conservative challenge to voluntary recognition agreements. Dana Corp., 356 NLRB No. 49 (2010). The Board confronted the issue of whether an employer that enters into a… Read More
Layoff Decision Not Subject to Bargaining
The California Supreme Court has confirmed PERB’s policy that a public employer’s economically motivated layoff decision is not subject to the meetand- confer obligation. The Court also ruled that a PERB decision not to issue… Read More
Employer’s “Closely Identified” Observer Invalidates Election
In a 2-1 decision, the Obama Board found that the employer, a school bus company, engaged in objectionable conduct in an election among its bus drivers by selecting a nonsupervisory trainer/substitute driver as its election… Read More
NLRB Permits Union Banner at Secondary Employer
January 12, 2011 by Beeson Tayer & Bodine
In a case of first impression the Obama Board has concluded that a union does not violate the National Labor Relations Act’s ban on secondary picketing when, at a secondary employer’s business, its agents display… Read More
PERB Has Initial Jurisdiction Over Public Employee Strikes
The California Supreme Court has long held that strikes by public sector employees (other than firefighters and law enforcement employees) are not illegal unless the strike creates a substantial and imminent threat to public health… Read More
US Supreme Court Addresses Granite Rock Ratification Dispute
Last June the U.S. Supreme Court issued a decision in Granite Rock v. IBT and Local 287. The dispute arose in June 2004, when Local 287 struck Granite Rock. The strike continued until August 22,… Read More
Vallejo Set to Emerge From Bankruptcy Following Renegotiation of Union Contract
Following the Bankruptcy Court’s 2009 granting of the City of Vallejo’s motion to dismiss its IBEW CBA, the union appealed to US District Court. In June 2010, that court ruled federal bankruptcy laws preempt California… Read More
Arbitration Round-Up
July 12, 2009 by Beeson Tayer & Bodine
Here is a sampling of recent arbitration cases handled by Beeson, Tayer & Bodine Managerial Support/ Confidential Group and Central Contra Costa County Sanitary District – Suspension (Willful Insubordination): Grievant, a supervisor, was suspended for… Read More
Court Rejects Interest Arbitration for Law Enforcement and Firefighters
A California Court has again rejected the state legislature’s desire to compel interest arbitration of deadlocked MOU negotiations between municipal employers and their law enforcement and firefighter employee organizations. Under the Meyers-Milias-Brown Act when negotiations… Read More
Court Reverses NLRB’s Anti-Union Email Discrimination Test
A federal Court of Appeals has reversed the NLRB on an important, anti-worker holding the Board issued in Register Guard, 351 NLRB No. 70 (2007). (See BTB Labor Law Bulletin, Jan. ’09, p. 2.) In… Read More