Narendra Ghosh spoke at the North Carolina Bar Association’s 2009 Fundamentals of Employment Law CLE, which was held in Greensboro.  He was part of a duo presenting an overview of the National Labor Relations Act and the possible changes to it from the long-pending Employee Free Choice Act.  Along with Tom Farr, he presented a paper entitled A Brief Introduction to Union and Employee Activities Under the NLRA and Proposed Changes Under the Employee Free Choice Act.

Summary: The National Labor Relations Act (the “Act” or the “NLRA”) guarantees the right of workers to organize and to bargain collectively with their employers, or to refrain from such activity. To enable employees to exercise these rights and to prevent labor disputes, the Act places certain limits on the activities of both employers and labor organizations.  The text that follows is an introduction to pre-certification union and employee activities under the Act, which is intended for new practitioners. In addition, this paper describes changes to the Act that have been proposed in the Employee Free Choice Act, which is currently pending in Congress. Whether changes need to be made to the Act, and what forms they should take, are hotly debated questions, and this paper aims to illuminate the contours of the debate.

Categories: General News Tags: Articles, EFCA, Labor and Employment, Narendra Ghosh, NCBA, NLRA, Presentation, Union

The Fourth Circuit affirmed the trial court’s decision for the union  in United Steelworkers, Local 850L v. Continental Tire.  The Court agreed with the union that the dispute over pension and health benefits had to submitted to arbitration.  Michael Okun assisted with the representation of the union.

Categories: Judicial Decisions, Results Tags: Arbitration, Fourth Circuit, Labor and Employment, Michael Okun, Results, Union

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

Michael Okun has written an article, entitled In Concert: A Beginner’s Guide to Labor and Employment Law’s Old and Well-Kept Secret, for an issue of Trial Briefs, the publication of the North Carolina Advocates for Justice. The article discusses the NLRA’s protection for workers who act “in concert” regarding workplace issues.

Summary: The right to act “in concert” is the “principal source of legal protection for employees who engage in workplace protests.” This article attempts to provide a basic understanding of the substantive and procedural law surrounding the law.  The first of six sections provides a brief history and overview of the Section 7 right found in the NLRA.  The second explains the requirements of the three elements necessary to claim the right.  The third section describes how to prove causation between activity protected by the statute and retaliatory action by an employer.  The fourth section explains briefly the categories of employers and employees who are not covered by the statute.  The fifth section explains how to enforce an employee’s rights under the Act.  The final section describes the three best concerts this author has attended.

Categories: News of the Firm Tags: Articles, Concerted Activity, Labor and Employment, Michael Okun, NCAJ, NLRA, Union