Bass Berry & Sims Labor Talk

Monthly Archives: January 2013

In the Absence of a Negotiated Grievance Procedure, Employers Must Bargain With Unions Over Significant Employee Discipline

Posted in Union Organizing and Collective Bargaining

The NLRB recently ruled that an employer who is imposing “discretionary” and “material” discipline must consult with the union before doing so if that union has won a representation election but has not yet agreed to an initial contract. The NLRB described its ruling as the first in its “doctrinal context.” The issue was whether… Continue Reading

Dues Check-off Obligation No Longer Expires With Collective Bargaining

Posted in Union Organizing and Collective Bargaining

WKYC-TV, Gannet Co., Inc., 359 NLRB No. 30 (2012) Reversing 50 years of settled precedent, the NLRB recently ruled that a “dues check-off” provision in a union contract continues to require an employer to deduct union dues from employees’ paychecks even after the union contract expires. This ruling shows the Board’s continuing path of “pro-union”… Continue Reading

EEOC Continues Aggressive Look at Employer Leave Policies

Posted in Leaves of Absence/FMLA Law and Practice

The EEOC recently announced two multi-million dollar settlements relating to the targeted employers leave of absence practices. In November, the EEOC announced a $4.5m settlement with Interstate Distributor Company, based on claims that the trucking company did not provide reasonable accommodation to scores of employees who were terminated upon exhausting available leave time. The EEOC… Continue Reading

EEOC Approves Strategic Plan, Focus Includes Equal Pay and Systemic Enforcement

Posted in Leaves of Absence/FMLA Law and Practice

The Equal Employment Opportunity Commission (EEOC) has approved its strategic plan for fiscal years 2013 to 2016 to set the agency’s national enforcement priorities. The Plan identifies the following six national priorities: eliminating barriers in recruitment and hiring; protecting immigrant, migrant, and other vulnerable workers; addressing emerging and developing employment discrimination issues; enforcing equal pay… Continue Reading