No Solicitation / No Distribution Policies Must be Applied Evenly

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…
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What Does Your Union Contract Say About Successorship?

Yesterday we looked how precise language in a collective bargaining agreement forced a company to arbitrate a claim even though the employees had decertified the union. Today we look at how successorship language in a union contract prohibited a company from selling its equipment during tough financial times. Team Carriers is a trucking company whose…
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What Does Your Union Contract Say About Post-Expiration Remedies?

Every single word in a collective bargaining agreement is important. Most words in a union contract have legal ramifications. This case highlights the importance of knowing the potential effect of each word before agreeing to include it in your company’s contract. A hospital terminated employee Gwynn Pirnie after receiving a complaint that she did not…
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Primer on Unlawful Area Standards Picketing

This is one of the more confusing areas of labor law, so don’t feel bad if you don’t fully understand the concept of secondary picketing or unlawful area standards picketing. Most lawyers who dabble in labor law don’t understand it, either. Seek competent legal advice from a full-time labor lawyer if you are concerned that…
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Withdrawing Recognition of a Union

The typical way a union gets into a workplace is through a secret ballot election. Yet, there is no typical way to get a union out of a workplace. Rather, employees can decertify the union through a secret ballot election or the employer can stop recognizing the union as representative of its employees – this…
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Q: When Can You Use Vulgar, Offensive, and Threatening Statements at Work?

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…
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