Weingarten rights permit employees to have a union representative attend an investigative interview the employee reasonably believes may result in discipline. The union representative can assist the interviewee. But how much assistance can be rendered was recently litigated when a manufacturer threatened a union steward with suspension for using notes during an investigatory meeting. The…

You read that right. You need to think twice before firing an employee even if that employee calls a manager a “nasty mother f—–.” A catering company violated the National Labor Relations Act when it fired a server who called his manager a “nasty mother f—–” on Facebook just two days before the company’s union…

The National Labor Relations Board (NLRB) recently ruled that union and non-union employees who have work-related access to a company email system are generally permitted to use that email system for union activity. But, this use is not absolute. A company can limit email use to maintain production or discipline. This new ruling came about…

Pension withdrawal liability continues to be a major, penal factor to unionized companies. A rubber company recently argued that it should not be subject to a $1.7 million withdrawal liability assessment because the withdrawal from a multi-employer pension plan was union-mandated. The Company argued that this withdrawal liability should have been calculated using the Pension…

The United Food and Commercial Workers (UFCW) recently held workshops to teach undocumented immigrants working in meatpacking and food processing plants how to apply for the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program announced by President Obama in November 2014. DAPA enables eligible undocumented immigrants to apply to the Department…

ISS Facility Services Inc. and IBT Local 210 (Teamsters) violated several sections of the National Labor Relations Act (NLRA) when they encouraged janitorial employees at JFK Airport’s Terminal 2 to join the Teamsters. A union official further violated the NLRA by threatening employees with termination unless they signed the dues checkoff authorization cards. ISS provides…