On December 21, The National Labor Relations Board voted 2-1 in favor of new steps to increase the speed of union elections.  The Board hopes to keep election and campaign time to less than 21 days.  Often, there are long delays to unionizing elections because of legal challenges brought by the employer.  The Board wants to require that these challenges be postponed until after the employees have voted for or against the union.  These changes were first proposed in June and the NLRB held public hearings and reviewed thousands of public comments.  The new rules will likely be challenged by employers in court.  More coverage here.

This was the Board’s last major policy decision before it lost one member, which leaves it without a quorum to act.  President Obama has nominated Sharon Block and Richard Griffin to the Board.  Ms. Block is currently deputy assistant secretary of Congressional affairs with the Labor Department.  Mr. Griffin has served on the board of the AFL-CIO Lawyers Coordinating Committee since 1994 and is general counsel to the International Union of Operating Engineers.  Republicans may well block these nominations in an effort to prevent the Board from functioning at all.  More coverage here.

Categories: Legislative Action Tags: AFL-CIO, Congress, IUOE, Labor and Employment, NLRB, President Obama, Union Elections, Unions

Michael Okun spoke at the 2008 Annual Conference of the AFL-CIO Lawyers Coordinating Committee (LCC), which was held in Seattle.  Mike’s talk was part of a session concerning the representation of state and local movements and their partner 501(c)(3) organizations.  He presented a paper, written along with Narendra Ghosh, entitled A Brief Overview of the Law Governing the AFL-CIO’s State and Local Central Labor Bodies.

Summary: In every state and hundreds of communities around the country, the labor movement benefits from the presence and work of state, area, and local labor bodies chartered by the national AFL-CIO. Unlike their affiliate local unions, these central labor bodies are not directly involved in direct representation of workers, contract negotiations or administration, direct organizing, or litigation under the National Labor Relations Act or the Railway Labor Act. Instead, the AFL-CIO’s state and local central bodies are designed to coordinate and lead the labor movement’s work in particular geographic areas around the labor movement’s legislative, policy, and electoral goals. State and local central bodies also provide support to organizing campaigns and contract fights in their areas, although state federations and central labor councils do not directly represent workers.

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Categories: News of the Firm Tags: AFL-CIO, Articles, Labor and Employment, LCC, Michael Okun, Narendra Ghosh, Presentation, Union

Valerie Johnson spoke at the 2008 Annual Conference of the AFL-CIO Lawyers Coordinating Committee (LCC), which was held in Seattle.  Valerie’s talk was part of a session concerning health and safety for workers.  She presented a paper, written along with Narendra Ghosh, titled How Can Unions Protect Injured Workers?

Summary: This paper discusses some common problems faced by injured workers and the remedies available to them. First, workers are often blamed for their own injuries, and then disciplined or discharged for violating safety rules. Those covered by a CBA can contest those sanctions through arbitration. Second, workers who have recovered from their accident may be denied from returning to their jobs on account of their injury. In some cases, such a denial is unlawful under the Americans with Disabilities Act (“ADA”). Third, workers injured by unsafe workplaces may be retaliated against if they report the safety hazard to their employer. Retaliation can be challenged under OSHA § 11(c), and often also under state law.  Finally, those assisting injured workers should always bear in mind the benefits available under workers’ compensation law and the Family and Medical Leave Act (“FMLA”).

Categories: News of the Firm Tags: ADA, AFL-CIO, Articles, Case Commentary, FMLA, LCC, Narendra Ghosh, OSHA, Presentation, Retaliation, Union, Valerie Johnson, Workers' Compensation