We speak the language of our professions. I have to remind my accountant that I don’t speak accountant-ese. A construction client of mine is endlessly amused that I don’t know how to use a jigsaw. And my father-in-law catches himself remembering that I don’t know the difference between a spark plug and a piston. Likewise,…

Thankfully employers are not required to negotiate until they collapse on the treadmill of collective bargaining. When irreconcilable differences exist between the union and the company – after full, good faith negotiations – the law recognizes that an impasse has been reached. The National Labor Relations Board has defined impasse “as the point in time…

Surface bargaining is when an employer engages in bargaining that is insincere, usually with the intent to not reach agreement with the union and thus not enter into a new collective bargaining agreement. Consider surface bargaining as sort of going through the motions. Surface bargaining is a form of bad faith bargaining. The National Labor…

Each side has the duty to bargaining in good faith during union negotiations. Oftentimes, though unfair labor practice charges are levied against employers alleging a violation of this duty. Given the current make-up of the National Labor Relations Board, proving a violation of the duty to bargaining in good faith is very easy. The duty…

No Solicitation / No Distribution Policies are enacted by companies to stop union organizers from soliciting employees to join or form a union – or distribute similar messages – during working time and in working areas. These policies must prohibit all types of solicitation and distribution, though, not just union organizing. The famous example of…

I recently completed a series of presentations around the state to member companies of the Ohio Petroleum Marketers and Convenience Store Association (OPMCA) regarding increased OSHA enforcement and OSHA’s “Regulation by Shaming” campaign. Those of you that attended the presentations know about this. For the rest of you, here is yet another way that despite…