Skip to content

Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
April 27, 2020

CARES Act and Traditional Labor Law

One of the little discussed provisions of the CARES Act are those added by House Democrats to curry favor with organized labor. The first is that borrowers who obtain loans under the Act must make a good faith certification that they will remain neutral in any union organizing effort for the term of the loan. The effect of this provision is to force neutrality upon borrowers under the CARES Act for the duration of their loans. This means that a borrower commits not to say or do anything to oppose a union’s organizing effort. Borrowers should be aware of this requirement which, in effect, abrogates some of their rights under the National Labor Relations Act.

Employer Law Blog
February 12, 2017

NLRB Rules on Strategy for Loss of Majority Support

On February 2, 2017, the National Labor Relations Board issued a decision and order in the case of T-Mobile USA and CWA. In this case, T-Mobile, following substantial proof that the members of a collective bargaining unit no longer maintained majority support for representation by the CWA, pursued the strategy of continuing to honor the collective bargaining agreement but refused to negotiate over a successor agreement unless and until the representation issue was resolved.

Employer Law Blog
December 30, 2016

Missouri Legislative Update – Is the Tide Finally Turning?

The Republican controlled General Assembly is getting a head start on the labor and employment front by pre-filing several pro-business labor and employment bills. Right to work- In general, the various bills in one form or another make contract clauses that require union membership as a condition of employment or continued employment null and void. Most of the bills do NOT apply retroactive. Accordingly, all present union security clauses in current collective bargaining agreements would remain in full force and effect. The “right to work” bills include Missouri House Bills 91, 42, and 131; and Missouri Senate Bills 19 and 21.

Employer Law Blog
September 17, 2015

Obligations of a Successor Owner

A frequent question to lawyers who practice traditional labor law focuses on the recognition and bargaining obligations of employers who become successors to a business. When an employer merges with or acquires another business whose employees in a particular collective bargaining unit are represented by a union, certain obligations arise. If an employer qualifies as a successor in a situation in which it takes over the unionized business of another employer, the acquiring employer succeeds to the collective bargaining obligations of the former employer.