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Supreme Court Announces New Incursions into Public-Sector Union Security

On the last day of the current term, a divided Supreme Court ruled that the First Amendment limits the ability of public-sector unions to capture so-called "fair share" fees. Justice Samuel Alito wrote the opinion which held that in-home care workers who did not wish to join a union could not...

Split US Supreme Court: Partial Public Employees Can’t Be Required To Pay Union Fees

WASHINGTON, D.C. — (Mealey’s) A class of in-home care providers, classified as “partial public employees,” who do not wish to join or support a union cannot be required to pay an agency fee, a split U.S. Supreme Court ruled this morning ( Pamela Harris, et al. v. Pat Quinn, Governor...

“Unionism” as a Protected Class?

Way back in 2012, the New York Times published an op-ed titled A Civil Right to Unionize , which argued that Title VII needs to be amended to include “the right to unionize” as a protected civil right. At the time, I argued that including “unionism” as a protected class was the...

Wisconsin Supreme Court Backs Walker, Upholds Anti-Union Law

The Wisconsin Supreme Court upheld a controversial 2011 law championed by Gov. Scott Walker (R) that essentially bars collective bargaining for public employee unions. Unions had challenged the law, calling it unconstitutional. But by a 5-2 decision, the state's high court disagreed. As reported...

Lareau on Harris v. Quinn: Supreme Court Strikes Down Illinois Agency Fee Provision Applicable to Personal Care Providers

Excerpt: In Harris v. Quinn , 2014 U.S. LEXIS 4504 [an enhanced version of this opinion is available to lexis.com subscribers] , the Supreme Court, split 5-4, held that Illinois could not compel "personal care providers" to pay an agency fee to a union designated as their collective bargaining...

Directing the Delicate Union Decertification Dance

It was one of the most tense moments of my career. One for the union, one for the employer. That’s how the folded pieces of paper lifted out of the previously sealed box. I sat in the conference room of my client, a company saddled with a labor union it did not want, and a group of employees, who...

NLRB Hits Employers Facing Union Organizing With a One-Two Punch

On December 12, 2014, the National Labor Relations Board ("NLRB") dealt employers facing union organizing a blow by adopting the controversial “quickie election” rule. The rule amends the pre-election procedures and processes for conducting a representation election to determine...

VW and UAW: Sign and Then What?

VW announced that the UAW has been certified as representing at least 45% of the workforce at its Tennessee plant under its Community Organization Engagement policy and that the union will therefore have the opportunity to meet with plant management and executive committees every other week. The UAW...

AFL-CIO’s Industry Wide Agreement May Have Wide Reach in Hospitality Industry

by Rachel Tischler Mid-way through 2012, the Hotel Association of New York City and the New York Hotel & Motel Trades Council, AFL-CIO (the “Union”), renewed a seven-year collective bargaining agreement known as the Industry Wide Agreement, or IWA. While the IWA controls nearly all...

Business Groups Challenge Constitutionality of NLRB “Ambush” Election Rule

by Jami K. Suver On December 15, 2014, slightly less than three years after the NLRB’s first thwarted attempt, a final rule (the “2014 Final Rule”) reducing the time between the filing of an election petition and holding workplace union representation elections was published in the...

Illinois Governor Imposes Right-to-Work For Public Employees

Illinois Gov. Bruce Rauner (R) issued an executive order last week absolving public employees who decline to join a union from having to pay fees that support union activities like collective bargaining. State law currently allows state workers to opt out of joining a union but they still have to pay...

An End Run Around Michigan's Right to Work Law? Not So Fast.

Michigan's right to work law was passed and signed in December of 2012. The law did not go into effect until March 28, 2013. The law contains a provision which states that collective bargaining agreements("CBA") with union security clauses in effect before the March effective date would...

State Net Capitol Journal: Republicans Push Right-To-Work Laws Against Determined Opposition

by Lou Cannon Buoyed by hefty legislative majorities, Republicans in several states are pushing hard for right-to-work laws and other anti-union legislation. Democrats and their labor allies are pushing back, both in the legislatures and the courts. The GOP marked a major victory this month as...