This document summarizes key procedural changes to NLRB rules regarding union organizing and elections. It discusses changes that expedite the election timeline, including requiring employers to submit a "Statement of Position" within 8 days of a petition being filed. It also analyzes NLRB decisions like Specialty Healthcare that have made it easier for unions to organize smaller bargaining units. Overall, the new rules alter the leverage between unions and employers by making it more difficult for employers to delay elections through hearings or blocking charges.
This document announces the initiation of an anti-dumping investigation into imports of coated paper from China, the EU, and the USA into India. It finds prima facie evidence of dumping that is causing injury to the domestic coated paper industry. The investigation period is April 2016 to June 2017 and will examine injury from 2013-2014 to 2015-2016. Interested parties have 40 days to submit information and responses.
The document discusses the effects of labour migration from India. It outlines both optimistic and pessimistic views on the impacts of migration. The optimistic view is that migration reduces poverty in source areas by shifting workers to higher income destinations and remittances support households. However, the pessimistic view is that migration reduces income in source areas as productive workers leave and remittances only partially compensate. The true impacts are likely complex, with both positive and negative effects depending on the context.
This document summarizes key procedural changes to NLRB rules regarding union organizing and elections. It discusses changes that expedite the election timeline, including requiring employers to submit a "Statement of Position" within 8 days of a petition being filed. It also analyzes NLRB decisions like Specialty Healthcare that have made it easier for unions to organize smaller bargaining units. Overall, the new rules alter the leverage between unions and employers by making it more difficult for employers to delay elections through hearings or blocking charges.
This document announces the initiation of an anti-dumping investigation into imports of coated paper from China, the EU, and the USA into India. It finds prima facie evidence of dumping that is causing injury to the domestic coated paper industry. The investigation period is April 2016 to June 2017 and will examine injury from 2013-2014 to 2015-2016. Interested parties have 40 days to submit information and responses.
The document discusses the effects of labour migration from India. It outlines both optimistic and pessimistic views on the impacts of migration. The optimistic view is that migration reduces poverty in source areas by shifting workers to higher income destinations and remittances support households. However, the pessimistic view is that migration reduces income in source areas as productive workers leave and remittances only partially compensate. The true impacts are likely complex, with both positive and negative effects depending on the context.
This document is a Supreme Court of the Philippines case regarding a labor dispute between the National Brewery
and Allied Industries Labor Union (PAFLU) and San Miguel Brewery. PAFLU filed a complaint alleging that under
their collective bargaining agreement, union members who participated in a Labor Day parade were entitled to pay
for that day. The lower court dismissed the complaint for not including the individual union members as plaintiffs.
The Supreme Court sets aside the dismissal, finding that as the collective bargaining agreement was between the
union and company, the union has standing to sue on behalf of its members without needing to join each member.
The case is remanded to the lower court for further proceedings.
Procurement Problems In The Credit Crunchjohnmunton
The document discusses procurement challenges in the current economic climate. It notes that with fewer contracts available, disappointed bidders may more closely scrutinize bidding processes. One common challenge is when evaluation criteria are not fully disclosed upfront. The credit crunch is also prompting needed changes to contracts, but significant post-award changes risk creating a "new contract" requiring re-bidding to comply with transparency laws. Employers must take care that crisis-driven changes do not fundamentally alter the original agreements.
The NLRB found that Whitesell Corp violated labor law by failing to negotiate with the union in good faith. Specifically, Whitesell declared an impasse prematurely after only eight negotiation sessions. The NLRB stated this failure to negotiate in good faith was a violation of the duty to bargain under the NLRA. Whitesell objected, arguing it provided proper notice to the Federal Mediation and Conciliation Service and that any remedies should be limited. However, the NLRB applied precedent and found Whitesell had indeed violated the NLRA by prematurely declaring impasse and failing to bargain in good faith.
C H A P T E R 15 Collective BargainingEmployees join unions TawnaDelatorrejs
C H A P T E R 15 Collective Bargaining
Employees join unions to gain some influence over their working conditions and wages; that influence is achieved through the process called collective bargaining. Section 8(d) of the National Labor Relations Act (NLRA) defines collective bargaining as [t]he performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder. . . . This process of meeting and discussing working conditions is actually a highly stylized and heavily regulated form of economic conflict. Within the limits of conduct spelled out by the National Labor Relations Board (NLRB) under the NLRA, the parties exert pressure on each other to force some concession or agreement. The union’s economic pressure comes from its ability to withhold the services of its members—a strike. The employer’s bargaining pressure comes from its potential to lock out the employees or to permanently replace striking workers. The NLRB and the courts, through their interpretation and administra- tion of the NLRA, have limited the kinds of pressure either side may exert and how such pressure may be applied. This chapter examines the collective bargaining process and the legal limits placed on that process.
15-1 The Duty to Bargain
An employer is required to recognize a union as the exclusive bargaining representa- tive of its employees when a majority of those employees support the union. The union may demonstrate its majority support either through signed authorization cards or by winning a representation election. Once aware of the union’s majority support, the employer must recognize and bargain with the union according to the process spelled out in Section 8(d). Section 8(a)(5) makes it an unfair labor practice for an employer to refuse to bargain with the representative of its employees, and Section 8(b)(3) makes it an unfair practice for a union representing a group of employees to refuse to bargain with their employer. Although the NLRA imposes an obligation to bargain collectively upon both employer and union, it does not control the results of the bargaining process. Section 8(d) makes it clear that the obligation to bargain “does not compel either party to agree to a proposal or require the making of a concession.” The act thus reflects an ambivalence regarding the duty to bargain in good faith. The parties, to promote industrial relations harmony, are required to come together and negotiate, but in deference to the principle of freedom of contract, they are not required to reach an agreement. This tension between the goal of promoting industrial peace and the principle of freedom of contract underlies the various NLRB and court decisions dealing with the duty to bargain. The accommodation of these conflicting ideas makes the ar ...
Dr Mohan R Bolla Law Lecture Commencement of arbitration proceedings. Mohanrao Dr. Bolla
The document discusses the interpretation of Section 85 of the Arbitration and Conciliation Act, 1996, which contains the repeal and saving provisions of previous arbitration acts. It notes that Section 85(2) is a transitional provision that must take into account the terms of any arbitration clause and the conduct of the parties. The commencement of arbitration proceedings may depend on the facts of each case and context. The date arbitration proceedings commence is important for determining which arbitration act applies.
This order summarizes a hearing held by the National Company Law Tribunal regarding violations of sections 215(3) and 217(3) of the Companies Act by M/s. Leisure Club India Pvt. Ltd. The violations involved holding only one board meeting each year from 2005-2006 to 2010-2011 where the annual accounts, auditor's report, and director's report were considered and approved without following proper procedures. While the petitioners sought to compound the offenses, the SFIO objected claiming the defaults were wilful. However, the SFIO failed to prove the violations were wilful or show how compounding would affect other cases. Therefore, the Tribunal imposed fines totaling Rs. 75,000, Rs.
The document is a Supreme Judicial Court case regarding whether real estate salespersons were properly classified as independent contractors rather than employees. The court summarized that real estate salespersons brought a lawsuit claiming they were misclassified, but the trial court ruled that the independent contractor statute did not apply to real estate salespersons based on the real estate licensing statute. On appeal, the Supreme Judicial Court affirmed the lower court's ruling.
The document discusses various sections of labor laws in Bangladesh related to dispute resolution processes like conciliation, arbitration and roles of the labor court and appellate tribunal. It describes the procedures for raising disputes, conducting strikes and lockouts, settlement through conciliation and arbitration. It also outlines the powers and procedures of the labor court in trial of offenses and other cases, rights to appeal judgments to the appellate tribunal.
Grievance and arbitration & ulp in l.o.finalRoi Xcel
The document discusses grievance procedures and labor dispute resolution in both organized and unorganized establishments under Philippine labor law. For organized establishments with a collective bargaining agreement (CBA), the CBA must establish a grievance machinery to resolve disputes arising from interpreting or implementing the CBA or company policies. Unresolved grievances automatically go to voluntary arbitration. For unorganized establishments, disputes fall under the original and exclusive jurisdiction of labor arbiters, then the National Labor Relations Commission on appeal.
When Is a Contract Over By Charles Stephen TreatTwo r.docxalanfhall8953
When Is a Contract Over?
By Charles Stephen Treat
Two recent decisions from the California courts have addressed whether, when, and how California law will identify and honor provisions in a contract concerning how long the contract will last and when it may be terminated. The two decisions do not cite each other and do not overlap very noticeably in their analyses. Nevertheless, if you have a case presenting contract-duration issues, it is important to read both cases and to recognize that the second decision establishes two major exceptions to the broad rule upheld in the first decision.
The first case is the First District Court of Appeal's decision in Zee Medical Distributor Ass'n, Inc. v Zee Medical,Inc. (2000) 80 CA4th 1. This case, following a lengthy line of precedents, held that the California courts must strive to identify the parties' intentions concerning duration, either by express agreement or by implication. If such an intention is identified, it will be honored, even if it measures duration by contingent events. It thus rejects an argument that courts should be hostile to or skeptical of so-called perpetual contracts.
A few weeks after the court of appeal decided Zee, the California Supreme Court handed down its decision in Asmus v Pacific Bell (2000) 23 C4th 1. Asmus has gotten attention principally as an employment-law decision. Its content, however, is almost pure contract law, applicable to ordinary commercial contracts. And although the case makes only brief mention of the principles developed in Zee and its precedents, Asmus is nevertheless a central case for analysis of contract-duration issues. Its holdings establish two key limitations on the Zee methodology: a "void for vagueness" principle for durational agreements, and a virtual negation of such clauses when they appear in unilateral contracts.
The Zee Case
At issue in Zee (in which I represented one of the parties) was the duration of the distribution contracts that Zee Medical Inc. had with its distributors. The legal principles at issue, however, were not specific to distribution contracts but were a matter of general contract law. After collecting and summarizing the legal principles inherent in prior California case law, including the seminal decision in Consolidated Theatres, Inc. v Theatrical Stage Employees Union (1968) 69 C2d 713, the Zee court distilled its holdings into a useful three-step methodology for analyzing contract-duration issues. (1) The court first seeks an express term. (2) If one is absent, the court determines whether one can be implied from the nature and circumstances of the contract. Courts will imply an ascertainable term of duration when reasonably possible. (3) If neither an express nor an implied term can be found, the court will generally construe the contract as terminable at will after a reasonable time of duration has elapsed. 80 CA4th at 10. Step three is really more a matter of a court-made gap-filler rule, to be resorted.