Posts tagged arbitration
DOL Reiterates Existing Law in New Report on “Coercive” Contractual Provisions
October 21, 2024 // On October 17, 2024, the Department of Labor’s (DOL) Office of the Solicitor (SOL) issued its Special Enforcement Report on what it deems to be “coercive contractual provisions” that “may discourage workers from exercising their rights under worker protections laws,” but while aggressive language is used, the report is largely a restatement of current law and, for the most part, does not outline new enforcement actions against employers for utilizing these provisions.
Pa. bill would give Uber, other app drivers benefits, but critics say they would lose more
October 6, 2024 // For years, labor advocates like the NELP have challenged app-based companies’ assertion that their drivers are independent contractors, arguing instead that they meet the threshold of being full-fledged employees covered by state unemployment and workers’ compensation and potentially be eligible for employer-sponsored healthcare and other benefits. Companies like Uber have argued that drivers are contractors because they aren’t required to accept any specific fare, and many prefer the flexibility of working gig-to-gig.
CANADA: Travel chaos as major airline cancels more than 800 flights after shock union strike
June 30, 2024 // WestJet will now continue to cancel flights to reduce its operating fleet from about 200 aircrafts to just about 30 through the weekend, as thousands of travelers try to get away before Canada Day on July 1.
Nurses union to pay HCA Healthcare $6.2M over 2020 strike
June 21, 2024 // A local unit of SEIU has been ordered to pay HCA Healthcare's Riverside Community Hospital $6.2 million for conducting a 10-day strike in 2020. An arbitrator last month ordered the payment after it was found last year that nurse labor union SEIU Local 121RN violated a collective bargaining agreement with the hospital by holding the strike in June 2020.
Senator’s bill would override SUPCO ruling in workplace
June 14, 2024 // Many times, when a worker has this clause in a contract and then wants to pursue some kind of violation against the company, employees are forced to go to arbitration rather than directly to a courtroom. Typically, both sides must go along with what the arbitrator decides. If approved, the bill would override a 2018 Supreme Court ruling decision in the case Epic Systems v. Lewis, which allowed employers to continue to enforce the arbitration clause in employee contracts.
Alphabet Soup: NLRB, NMB, FMCS
April 4, 2024 // This is the third in a series of introductory guides to help you navigate the alphabet soup of federal labor and employment agencies. Throughout the federal government, there is agency overlap and the pendulum often swings with each new President in the White House. Ultimately, the general framework for each agency’s mission and the statutes they enforce remains little changed. Below is an introductory guide to the National Labor Relations Board, National Mediation Board, and Federal Mediation and Conciliation Service to help you better understand their missions and mandates.
St. Paul school district proposes arbitration to settle teacher contract, avert walkout
February 29, 2024 // ASt. Paul Public Schools official said Tuesday that the district would like to pursue binding arbitration with its teachers in an effort to settle a new two-year contract without the disruption of a strike.
Pennsylvania state court rules against union in worker dispute
February 27, 2024 // “AFSCME officials thought they could get away with sabotaging Penny’s grievance and openly discriminating against her, but the Commonwealth Court has ensured her complaint will be heard,” he said. “Union officials didn’t want to represent our client because she wasn’t a union member, but Pennsylvania law says public-sector unions have a duty to fairly represent everyone in a bargaining union – members and nonmembers alike."
Vernon, police union reach agreement over contract, ending court dispute
October 28, 2023 // The town and union had previously gone to arbitration with the union over pay and healthcare premiums during which the town failed to submit its final best offers on a wide range of contract issues to the arbitrators in what was called a “scrivener’s error,” resulting in the arbitration panel awarding the union everything it asked for at the time. The town then took the matter to court to overturn the arbitration decision. Vernon argued that because both parties agreed to waive statutory arbitration requirements, it was not required to submit last best offers on issues that were not in dispute. The arbitration panel disagreed with this argument, saying state statute requires that they reach a decision according to the statement of the last best offer and could not consider any offer that wasn’t documented in writing before them. That court case, which had statutory interpretation issues at stake, however, will no longer play out as the town and union appear to have reached an agreement, primarily around pay for officers and maintaining previous contract language around a number of other issues that had been decided by the arbitration panel when there was no final best offer from the town.
Newsom vetoes bill to expand worker layoff protections to contract labor
October 10, 2023 // The bill would have extended the WARN-required notice period of impending layoffs, closure or relocation — which applies to companies of a certain size — to 75 days from 60 days. For the rules to apply to employees of labor contractors, they would have been required to work at least six of the 12 months and at least 60 hours preceding the date on which a mass layoff notice is required. Employees of a labor contractor completing a temporary project with a defined end date would have been exempt. Newsom also questioned the bill’s expansion of the kinds of companies that would be subject to the WARN Act to include chain businesses, even when such layoffs might be geographically far apart and unrelated.