Are State Law Donning and Doffing Claims Preempted by Sec. 301 of LMRA?

As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter   Are State Law Donning and Doffing Claims Preempted by §301 of the Labor Management Relations Act? If you’re reading this, I am glad that the title did not bore you away from reading my article. A few definitions before we dig into the…
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Key Provisions of Collective Bargaining Agreements (Part 2)

Collective bargaining agreements contain many different clauses. This three part series covers what I believe to be among the most important clauses to any labor contract. In Part 1 I discussed the recogition clause, management rights clause, and dues check off clause. Today I cover the no strike / no lock out clause and the sympathy strike clause.…
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NLRB Does Not Want HR to Conduct Confidential Workplace Investigations

As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter   The NLRB Does Not Want HR to Conduct Confidential Workplace Investigations  Please don’t shoot the messenger for this one. The National Labor Relations Board recently held that, subject to certain limitations, employers cannot require confidentiality during ongoing workplace investigations. Specifically, discussing an…
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Key Provisions of Collective Bargaining Agreements (Part 1)

Collective bargaining agreements contain many different clauses. Some clauses are more important than others, but all clauses in a labor contract must be negotiated between the union and the employer. I consider the following clauses to be some of the most important provisions of a contract; recognition, management rights, dues check off, no strike /…
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Does Your At-Will Disclaimer Violate the NLRA?

As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter   Does Your “At-Will” Employment Disclaimer Violate the NLRA? This is becoming an unfortunate theme to my monthly column. If you haven’t noticed, I write an article highlighting something of significance that occurred at the National Labor Relations Board the previous month. When…
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What are Mandatory, Permissive, and Illegal Subjects of Bargaining?

Employers are pleasantly surprised when I tell them that bargaining for a collective bargaining agreement does not mean that every part of running their business must be negotiated. I then explain what a management rights clause is – a blog entry for a later day – and the difference between mandatory, permissive, and illegal subjects of bargaining.…
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