The Changing Face of Labor Law - Is Your Company Ready?
A recent flurry of activity by the National Labor Relations Board highlights its determination to transform existing labor relations practices. Punctuated by the departure of Member Craig Becker and the recess appointment of three new members, the issuing of some 30 cases at the end of the year is a sign of things to come in 2012. It is clear that the NLRB intends to move as quickly as possible to change the face of labor law.
On December 21, 2011, the Board issued a controversial final rule that is designed to speed up the process of union elections by reducing “unnecessary litigation.” On April 30, 2012, a rule requiring employers to inform employees of their rights under the National Labor Relations Act (NLRA) will take effect, and in a case issued January 3, 2012 (see D. R. Horton, Inc. and Michael Cuda,357 NLRB No. 184), the Board held that a policy designed to prevent employees the right to pursue class or collective actions by agreeing to arbitrate certain employment claims was unlawful.
In light of these changes, there are many questions for you, as an employer, to consider:
- 1. What can your organization do to prepare itself for an increased union presence?
- 2. How can you as an employer balance employee rights and your company’s interests?
- 3. What can you do to minimize the need for “concerted activities” such as class or collective action by employee groups?
The shifting balance of power among employers, employees, and unions poses challenges for today’s businesses. Since 2012 is an important election year, employment issues are sure to be on the front-burner. More game changing decisions that directly affect the way you do business are in the works. These challenges can lead to improvements in the way your organization operates, but only if you are properly prepared. So be sure to check back often - I will keep you posted throughout the march to November.
If you have any questions about how these issues and how they affect your company, I invite you to contact me at (267) 338-1314, or jsteiner@offitkurman.com.
Julius M. Steiner is a well known Philadelphia labor and employment attorney with a unique blend of over 30 years experience as a practicing attorney and CEO. He can be reached at jsteiner@offitkurman.com. This article is provided to inform its readers of labor and employment issues that may affect them or their business. This article does not constitute legal advice or opinion. Receiving or reading this article does not constitute an attorney-client relationship. This newsletter may contain attorney advertising. Published by Offit Kurman, P.A., 1801 Market Street, Suite 2300, Philadelphia, Pennsylvania 19103.