LABOR LAW NEWS
Torres Law Group, PLLC is a leading political law firm in Arizona with a portfolio of legal services that includes political, labor and employment law. The firm provides legal advice on the formation and operation of political action committees, campaign finance issues and compliance with Department of Labor regulations on union elections, including improper use of social media. It also represents employees who have been wrongly terminated, especially those cover by whistleblower protections.
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Torres Law Group has named James Barton as a Partner of the firm. Barton leads the firm's political law division that includes advice on the formation and operation of political action committees, election law litigation and labor law lobbying.
Barton just celebrated his four year anniversary with Torres Law Group earlier this month.
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Preventing Managers from Speaking About Union on the Job while permitting other non-work discussion is Clear Violation of NLRA Section 8
Parties: T-Mobile and Communication Workers of America, Local 7011, AFL-CIO
The NLRB Administrative Law Judge found that T-Mobile did violate the NLRA when it allowed employees to discuss non-work items at work but specifically prevented managers from discussing the union with its employees "while working" because it could be reasonably construed to include all business hours even when employees are off the clock for a lunch or other break, especially where other non-work discussions are permitted "while working." The ALJ ordered T-Mobile to cease and desist from maintaining any rule that permits senior representatives from talking to other employees about the Union but not prohibiting them from talking about other non-work subject and interfering with employees' Section 7 rights in any other manner.
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Employment Policy Requiring Waiver of Right, as Condition of Employment, to File Collection Action Arbitration or Lawsuit of Employment Claims is Violation of NLRA
Parties: T-Mobile and Communication Workers of America, Local 7011, AFL-CIO
The Board ordered CPS security to cease and desist from maintaining arbitration policy that requires all employees as a condition of employment to waive their rights to pursue class or collective actions of employment related claims in all forums whether arbitral or judicial because employees could reasonably believe that they are prevented from filing unfair labor practice charges before the Board. The Board ordered CPS to rescind such a policy or revise its forms to make it clear that the waiver does not restrict an employee's right to file charges with the NLRB. The Board further ordered CPS to inform all current and former employees of this change, notify the court, and repay the employees who filed motions opposing CPS' move to compel arbitration individually. The Board also required a copy of the notice to be posted in its facilities.
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| Construction Industry Cases |
Scope of Work Reconsideration Motion Dismissed Due to Insufficient Evidence
Parties: LIUNA, Local 310 and Operating Engineers, Local 18
The Board dismissed Operating Engineers Motion for Reconsideration because it had not presented any new evidence in the motion and failed to meet the required "extraordinary circumstances" that are required to grant reconsideration. The Board had granted the disputed work of operating forklifts, bobcats, and skid steers area-wide to LIUNA, Local 310. The Board noted that IUOE failed to present any evidence to contradict the Board's factual findings that both unions' CBA's covered the scope of work and that historically the work had been performed by LIUNA. IUOE's participation in a multi-employer agreement was insufficient to support a finding that its grievances have a work preservation objective, rather the Board decides these questions on a fact intensive case by case basis.
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Refusal to Provide Union Information Can Be Failure to Bargain in Good-Faith in Violation of Section 8(a)(5) and (1)
Parties: SMART Local Union 105, AFL-CIO and S.E. Clemons Inc.
The Board found Respondent S.E. Clemons Inc., in violation of NLRA Section 8 when it refused to recognize the Union as the exclusive collective bargaining representative of the unit of employees certified in a valid election. The Respondent prevented the Union from carrying out its duties as the collective bargaining representative when it refused to provide necessary and relevant information to the Union including a copy of the employee handbook, employer policies and rules, cost projections for insurance and other benefits, payroll reports, job descriptions, list of current projects and current employees. The Board ordered Respondent to bargain with the Union in good faith, and provide the Union with the information it requested.
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Torres Law Group, PLLC is a Tempe-based law firm promoting the interests of Arizona's working families by advising political action committees, including several associated with building trades unions. The firm litigates a variety of matters, including Freedom of Information Act claims, election-law issues and labor disputes in state and federal court.
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DISCLAIMER: The information herein is provided without any guarantees or warranties as to either accuracy or adequacy and does not represent legal advice. Do not act or rely on the information herein without the independent advice from a qualified professional. The information herein has not been approved by and does not represent either the official or the unofficial position of Torres Law Group, PLLC.
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