A: When you are an employee represented by a union and going through a union decertification campaign. In Fresenius USA Manufacturing, a pro-union employee anonymously scribbled vulgar, offensive, and threatening statements on several union newsletters in an employee break room. His statements were intended to encourage other employees to support the union in an upcoming…

Timing and the number of former employees hired into a successor company is critical to determining whether a successor company must live under the strict confines of an existing collective bargaining agreement or have the opportunity to negotiate a union contract specific to the successor company. Under labor law, a successor employer is generally free…

If you remember, we discussed double breasting in October, and I ended that blog post with making sure you seek competent legal advice if you want to set up a double breasted operation. This case proves my point. Two brothers owned a floor installation business that employed union installers. Because of competition from non-union competitors,…

Why do so many of the Facebook firing cases occur in the ambulance industry? Oddly, I represent many ambulance companies and none of them have ever encountered a Facebook firing situation that I am aware of. In Butler Medical Transport, LLC, two employees were terminated for posting comments on Facebook. One suggested to a former…

Faced with difficulties in organizing broader units in a number of industries, some unions have adopted a strategy of targeting smaller units in order to convince a smaller number of employees to vote in favor of union representation. This is called micro-units. You can read more about micro-units on my website here. As a refresher…

Richard Trumka, president of the AFL-CIO believes that if unions are having a hard time increasing their ranks, they can at least restore their clout by building a broad coalition to advance a worker-friendly political and economic agenda. He will invite millions of non-union workers into the labor movement even if their own workplaces are…