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)
Local Port-Trucking Regulations Utilizing Criminal Penalties Pre-Empted by Federal Law
July 10, 2013 by
Andrew Baker
Labor and environmental groups have worked together for years to clean up our nation’s ports and improve the working conditions for truck drivers who haul into and out of the ports. In a recent decision… Read More
Employer Violates NLRA by Issuing Blanket Rule Directing Employee Not to Discuss Investigation with Co-workers
May 21, 2013 by
Dale Brodsky
In a recent labor law ruling, the National Labor Relations Board (NLRB) found flaws in the standard Human Resource practice of prohibiting employees from discussing on-going investigations related to protected activity. Going forward it appears… Read More
Court Protects Employees’ Right to Vested Vacation Pay
May 14, 2013 by
Adrian Barnes
A recent appellate court decision has resolved an important legal issue regarding the right of California employees to receive pay for their vested vacation time when they leave employment. When California employees are terminated, retire,… Read More
NLRB Decision Guides Unions on Non-Member Employee Objectors: Private-Sector Non Members Not Entitled to Audit Verification Letter for Calculation of Fees and Some Lobbying Expenses May Be Chargeable to Objectors
May 6, 2013 by
Dale Brodsky
The referenced case clarifies required documentation where Union membership is not required but private sector employee non-members pay reduced Union fees for direct bargaining and representation expenses. National Labor Relations Board (NLRB) decisions continually guide… Read More
Union Rights for Dues Check Off After Expiration of Collective Bargaining Agreement (CBA)
April 9, 2013 by
Dale Brodsky
There has been a key reversal by the National Labor Relations Board (NLRB) long held exemption from the unilateral change doctrine that prevents employers from discarding previously agreed upon conditions of employment when a CBA… Read More
California State Supreme Court reaffirms Labor’s right to picket/leaflet on private property
April 2, 2013 by
Dale Brodsky
An important decision in the private sector overturned an appellate court decision that California’s statute protecting labor’s right to picket was unconstitutional. The California Supreme Court has squarely and strongly upheld the right of Unions… Read More
Union Entitled to Witness Statements Unless Employer Proves Need for Confidentiality*
March 28, 2013 by
Dale Brodsky
Workforce questions of confidentiality and anonymity often arise in labor law as well as employment law. The NLRB decision summarized here looks at the consistent denial to grant union access to witness statements when assurances… Read More
Employer Must Bargain with Union Before Imposing Discretionary Discipline
March 22, 2013 by
Dale Brodsky
Of interest to those seeking legal advice related to the employer’s obligation to bargain when the issue is discretionary, rather than fixed disciplinary actions, a recent NLRB ruling provides guidance, summarized here by Dale Brodsky,… Read More
D.C. Circuit Decision Ruling NLRB Recess Appointments Invalid
February 14, 2013 by
Andrew Baker
On January 25 the D.C. Circuit Court of Appeals issued an unprecedented and sweeping decision that threatens to cripple the NLRB’s ability to render final decisions and puts hundreds of prior decisions in doubt. Even… 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
Local Port-Trucking Regulations Utilizing Criminal Penalties Pre-Empted by Federal Law
July 10, 2013 by Andrew Baker
Labor and environmental groups have worked together for years to clean up our nation’s ports and improve the working conditions for truck drivers who haul into and out of the ports. In a recent decision… Read More
Employer Violates NLRA by Issuing Blanket Rule Directing Employee Not to Discuss Investigation with Co-workers
May 21, 2013 by Dale Brodsky
In a recent labor law ruling, the National Labor Relations Board (NLRB) found flaws in the standard Human Resource practice of prohibiting employees from discussing on-going investigations related to protected activity. Going forward it appears… Read More
Court Protects Employees’ Right to Vested Vacation Pay
May 14, 2013 by Adrian Barnes
A recent appellate court decision has resolved an important legal issue regarding the right of California employees to receive pay for their vested vacation time when they leave employment. When California employees are terminated, retire,… Read More
NLRB Decision Guides Unions on Non-Member Employee Objectors: Private-Sector Non Members Not Entitled to Audit Verification Letter for Calculation of Fees and Some Lobbying Expenses May Be Chargeable to Objectors
May 6, 2013 by Dale Brodsky
The referenced case clarifies required documentation where Union membership is not required but private sector employee non-members pay reduced Union fees for direct bargaining and representation expenses. National Labor Relations Board (NLRB) decisions continually guide… Read More
Union Rights for Dues Check Off After Expiration of Collective Bargaining Agreement (CBA)
April 9, 2013 by Dale Brodsky
There has been a key reversal by the National Labor Relations Board (NLRB) long held exemption from the unilateral change doctrine that prevents employers from discarding previously agreed upon conditions of employment when a CBA… Read More
California State Supreme Court reaffirms Labor’s right to picket/leaflet on private property
April 2, 2013 by Dale Brodsky
An important decision in the private sector overturned an appellate court decision that California’s statute protecting labor’s right to picket was unconstitutional. The California Supreme Court has squarely and strongly upheld the right of Unions… Read More
Union Entitled to Witness Statements Unless Employer Proves Need for Confidentiality*
March 28, 2013 by Dale Brodsky
Workforce questions of confidentiality and anonymity often arise in labor law as well as employment law. The NLRB decision summarized here looks at the consistent denial to grant union access to witness statements when assurances… Read More
Employer Must Bargain with Union Before Imposing Discretionary Discipline
March 22, 2013 by Dale Brodsky
Of interest to those seeking legal advice related to the employer’s obligation to bargain when the issue is discretionary, rather than fixed disciplinary actions, a recent NLRB ruling provides guidance, summarized here by Dale Brodsky,… Read More
D.C. Circuit Decision Ruling NLRB Recess Appointments Invalid
February 14, 2013 by Andrew Baker
On January 25 the D.C. Circuit Court of Appeals issued an unprecedented and sweeping decision that threatens to cripple the NLRB’s ability to render final decisions and puts hundreds of prior decisions in doubt. Even… 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
