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14 Feb 2020, 4:00 am by Public Employment Law Press
In the words of the Appellate Division, "[a]lthough the parties and the PBA were certainly free to negotiate for continued, enhanced, or reduced benefits in future CBAs," nothing contained in the text of the subsequent CBAs commits Respondent to the payment of any of the benefits in question upon the termination of the 2006 CBA. [read post]
11 Feb 2020, 6:00 am by Public Employment Law Press
Noting that the CBA does not require the District to make its staffing or budgetary decisions in accordance with the Guide,  the Appellate Division ruled that the arbitrator contravened an express provision in the CBA that denied him the "authority to modify or amend it. [read post]
15 Jan 2020, 10:02 am by Susan Letterman White
With a gap in access to justice, the legal profession needs to modernize rules governing the unauthorized practice of law to enable innovation equitably. [read post]
10 Jan 2020, 12:52 am by Tessa Shepperson
  Calling for the restoration of legal aid for early advice in housing and family matters, a rise in criminal legal aid fees and a guarantee of no future real-terms cuts, and an increase in the legal aid means test. [read post]
In addition to requiring UPS to have just cause for discharge, sections of the CBA covering Atkinson’s employment specifically prohibited discrimination based on union activity and retaliation for enforcement of contract rights. [read post]
20 Nov 2019, 2:35 pm by Petrelli Previtera, LLC
  We know that not every business or every divorce will require the same strategies and solutions, and we work with you to ensure the best future for you and your business. [read post]
20 Nov 2019, 2:35 pm by Petrelli Previtera, LLC
  We know that not every business or every divorce will require the same strategies and solutions, and we work with you to ensure the best future for you and your business. [read post]
25 Oct 2019, 4:30 am by Sean Hayes
Because of the potential for a large unknown future liability, this issue became the most significant issue, in the last few years, among domestic and foreign employers in labor and employment law in Korea. [read post]
21 Oct 2019, 12:19 pm by Barbara S. Mishkin
 Unpredictable political shifts make it difficult for the financial services industry to plan for the future, which ultimately stifles innovation, limits access to credit, and hurts consumers. [read post]
The Board in MV Transportation announced that it would no longer apply the “clear and unmistakable waiver” standard when evaluating the lawfulness of an employer’s unilateral change in working conditions and that it would decide such cases in the future by means of the “contract coverage” test. [read post]
11 Sep 2019, 9:14 am by Michael Reed and Ronald Meisburg
And while the finding of “perfectly clear” is in the end essentially a factual question, the standards governing the application of those facts (e.g., whether the “perfectly clear” doctrine only applies when a buyer intends to hire all of the predecessor’s union-represented employees), may yet be the subject of future decisions by the current Board. [read post]
27 Aug 2019, 5:00 pm by Alysha Stein-Manes
  Specifically, the District’s Collective Bargaining Agreement (“CBA”) with the Salinas Valley Federation of Teachers treated teachers who taught an extra period as a separate class of employees; the CBA considered both classes of teachers – those who taught the extra period and those who did not – as having worked full-time. [read post]
Instead, the enacted law provides only that, unless it satisfies the rules above for conditions of employment to be enforceable: Any agreement, clause, covenant, or waiver that is a unilateral condition of employment or continued employment and requires the employee or prospective employee to waive, arbitrate, or otherwise diminish any existing or future claim, right, or benefit related to an unlawful employment practice to which the employee or prospective employee would otherwise be… [read post]
19 Aug 2019, 9:09 am by Michael Reed and Robert T. Dumbacher
  The first round of proposed changes did not address many of the more controversial aspects of the current election rules, and it remains to be seen what the future amendments will hold. [read post]
9 Aug 2019, 8:38 am by Rebecca Tushnet
Even if they could, that’s not a good idea b/c litigated cases don’t just resolve conflict b/t the parties; they’re supposed to tell us how to shape our future actions, and if it’s individualized CBA then there’s functionally no precedent because of changes in markets, individuals. [read post]
8 Jul 2019, 4:00 am by Public Employment Law Press
In light of the potentially drastic effects that a waiver of the right to adjust future staffing levels entails, a clause that addresses both job security and safety concerns is considered a job security clause that must meet this stringent test to be enforceable (see e.g. [read post]
5 Jul 2019, 12:39 pm by Mark Theodore and Joshua Fox
Furniture Co. of the Pacific, 333 NLRB 717 (2001), if an employer receives evidence, within a reasonable period of time before its existing CBA expires, that the union representing its employees no longer enjoys majority support, it may withdraw recognition when the CBA expires and suspend bargaining over a successor contract – this is referred to as “anticipatory” withdrawal of recognition. [read post]
9 May 2019, 4:00 am by Public Employment Law Press
  Respondent also argues that petitioner’s claim that respondent violated a collective bargaining agreement (“CBA”) between respondent and the Port Byron Teachers’ Association (“PBTA”) must be resolved through the grievance procedure in the CBA, the exclusive means of settlement resolution. [read post]