A little known provision in the National Labor Relations Act provides protection to employees when they discuss “terms and conditions” of employment. The discussion must be between two or more employees. The purpose of this provision (remember, the NLRA was passed in 1935) was to protect employees who may be forming a union. But, for
Glenn Hamer claims the pending bill known as “Protecting the Right to Organize” will stop gig workers from working in the gig economy. In a recent opinion piece with the San Antonio Express News, Mr. Hamer claims the PRO, which is pending in the U.S. Senate, will make all gig workers traditional employees and
In Union Pacific RR Co. v. American Railway & Airway Supervisors Assoc., No. 18-50110 (5th Cir. 12/16/2020), the Fifth Circuit reversed a grant of summary judgment in favor of the employer. A railroad employee, Roland Beltran, twice tested positive on a drug test. Aided by the union, he appealed to arbitration. He presented evidence
The Trump administration issued an Executive Order that changes the classification of top civil servants and makes it easier to fire them. The order targets those in policy-making positions. Experts indicate the move would affect anywhere from tens of thousands to hundreds of thousands in a workforce of some 2.1 million. The move would affect
We are in the middle of a pandemic. Obviously. How will that work in closely confined spaces? Not well. Tyson Foods published a warning this last weekend, stating the nation’s food supply was at risk due to infections. The Trump Administration responded within days by issuing an order under the Defense Production Act that all
These are trying times, by any standard. This veteran of Iraq is starting to have war flash backs. If your employer is not taking precautions for the coronavirus, can you as an employee do anything about it? Yes, any worker can discuss with another worker any “term and condition” of the job. That protection comes
That was an unwise decision by the U.S. Supreme Court a few weeks ago. In the case of Janus v. American Federation of State and County Municipal Employees, No. 16-1466 (6/27/2018), the court ruled that employees who are not members of a union cannot be compelled to pay reduced dues, even though they accept
The National Labor Relations Act has always protected a worker’s right to discuss “terms and conditions” of employment. Sec. 7 of the NLRA protects the right of workers to discuss conditions at their job. Sec. 7 of the NLRA is found at 29 U.S.C. § 158(a)(1).
But, because labor unions are so rare in the
Colin Kaepernick has filed a labor grievance alleging the NFL has “colluded” to keep him from playing. His press release and the news accounts do not explain what his basis is for believing there is some on going collusion going. See NPR news report.
Having watched the NFL for most of my life, I
The National Labor Relations Act provides that workers can form a union. The NLRA has been around since before World War II. Yet, we often forget that a major portion of the Act protects preliminary activity. Workers can discuss terms and conditions of their job. That sort of discussion can lead to the formation of