Corporate Lawyers – Don’t Forget to Include Me when Structuring Buy/Sell Agreements

The General Counsel of the National Labor Relations Board has made it a top priority to force purchasing companies to recognize the labor unions in place at the selling company. While there are legal ways to craft the buy/sell agreement to avoid becoming a “successor employer,” the NLRB is actively seeking to catch companies that…
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All Too Common Solution to Unaffordable Union Health and Welfare Clauses

Hydro Automotive is a typical auto parts manufacturer: it has a union and its collective bargaining agreement provides benefits to retirees. As health and welfare costs continue to increase, the company announced in late 2010 that, beginning in 2011 it would no longer provide retiree health benefits to all employees who retired on or after…
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UAW Members Upset Dues Increased, But Not Why You Think

The United Auto Workers sold its members on a dues increase under the guise that additional money was needed to replenish its strike fund after the fund loaned money to pay for the union’s operating expenses. After all, the UAW needs a fat strike fund heading into labor negotiations with the Big Three in 2015.…
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UAW Will Play Hardball in Upcoming Automaker Negotiations

The United Auto Workers union has an aggressive new President, a lot of cash, and friends at the National Labor Relations Board; a perfect storm to strong-arm companies into yielding to the UAW’s demands. Just as the UAW membership declines, its desire and ability for confrontation increases. New UAW President Dennis Williams recently vowed, “No…
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Company Forced to Pay Union Negotiating Expenses

There is a fine line between hard bargaining and bargaining in bad faith. This hospital crossed that line. A California hospital did not bargain in good faith with the union representing its registered nurses. The hospital delayed negotiations, made false statements, and refused to furnish relevant information to the union. The National Labor Relations Board…
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Union Buttons in Patient Care Areas, Allowed

Companies frequently stop workers from wearing union buttons to show support for a union. This is permissible under the right circumstances. However, most companies, including this one, do not know when those circumstances are. The Union representing workers at a Health Bridge care center posted fliers and wore stickers on their clothes that said “Busted”…
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