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Duane Morris LLP | USA | 30 Aug 2011

NLRB issues final rule requiring all employers subject to National Labor Relations Act to post notice of employee rights to engage in union activity

On August 22, 2011, the National Labor Relations Board (NLRB) issued a Final Rule that all employers subject to the National Labor Relations Act (generally, employers engaged in interstate commerce and not part of the rail or air transportation systems) will be required to post a notice by November 14, 2011, informing their employees of their right to engage in union and other concerted activity.


Duane Morris LLP | USA | 21 Apr 2011

Loose lips may sink Dreamliner

On April 20, 2011, the National Labor Relations Board filed a complaint against Boeing Aircraft arising out of Boeing's decision to manufacture three Dreamliners per month in its nonunion facility in South Carolina, instead of in the Company's unionized facility in Washington state, where it is already planning to build five of the aircraft per month.


Duane Morris LLP | USA | 13 Aug 2010

Illinois Wage Payment and Collection Act amended to expand coverage, increase penalties and toughen enforcement

On July 30, 2010, Illinois Gov. Patrick Quinn signed into law amendments1 to the Illinois Wage Payment and Collection Act (IWPCA, which become effective January 1, 2011.


Duane Morris LLP | USA | 20 Jul 2009

EFCA deal may clear way for action in September

Efforts to pass the Employee Free Choice Act ("EFCA") have been stalled while Senate Democrats work to obtain the necessary 60 votes for cloture and bring the matter to the Senate floor.


Duane Morris LLP | USA | 21 Apr 2009

Employers may require union employees to arbitrate statutory discrimination claims under the arbitration provision of a labor contract

In a 5-4 decision, the U.S. Supreme Court held in 14 Penn Plaza LLC et al., v. Pyett et al., 2009 U.S. LEXIS 2497 (U.S. Apr. 1, 2009) that a provision in a collective bargaining agreement that clearly and unmistakably requires union members to arbitrate claims under the Age Discrimination in Employment Act ("ADEA") is enforceable as a matter of federal law.


Duane Morris LLP | USA | 3 Dec 2008

The Employee Free Choice Act - is your organization prepared?

The proposed Employee Free Choice Act ("EFCA") would dramatically alter the landscape of labor-management relations in favor of unions seeking to organize employees of non-union employers.


Duane Morris LLP | USA | 8 Jan 2008

The NLRB substantially curtails employees' ability to use email for purposes of union solicitation

In a highly controversial decision, the National Labor Relations Board (the "Board") ruled 3 to 2 in favor of employers in its resolution of two important issues relating to the ability of employees to use email for union solicitation purposes.


Duane Morris LLP | USA | 8 Nov 2007

Less protection for "salts" applying for jobs at non-union facilities: NLRB shifts employer's heavy burden to general counsel

In Toering Electric Co., 2007 NLRB LEXIS 413 (September 29, 2007), the National Labor Relations Board (the "Board") addressed two important issues: (1) the extent to which an applicant for employment enjoys the same protection against discriminatory hiring that is afforded to employees; and (2) the burden of proving that an applicant, who has allegedly experienced discrimination in hiring, meets the definition of "employee" that is protected under the National Labor Relations Act ("NLRA").

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