Home -> Law Blog Directory -> Labor & Employment Law Blogs -> Massachusetts Employment Law Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Labor & Employment Law
: Massachusetts Employment Law BlogCASES THE EMPLOYER FAILED TO HIRE AN EMPLOYEE AS A RESULT OF NOT JOINING A UNION
By Michael Goldstein, Esq.
Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. 29 U.S.C.A. §157. As we read the section it means that an employer may not require an applicant for work, as a condition to accepting him for employment, to join or to resign from a union, nor insert in the contract of employment any other discriminatory term that encourages or discourages membership in a labor organization, excepting only that, if the facts stated in the proviso exist, the employer may require membership in the labor organization which has been legally chosen to represent his employees.
Unions and employers are not allowed to require employee who objects to union membership to articulate his or her ideological objection and then to determine whether employee’s objection is “ideological” or “political” enough to be constitutionally protected. Conley v. Massachusetts Bay Transp. Authority, 539 N.E.2d 1024 (1989).
Full post as published by Massachusetts Employment Law Blog on April 03, 2008 (boomark / email).
Discouraging Union Organizers
Strict work place rules
Gay Marriage Laws
Where same sex couples can marry
Employee Lawsuits (An Introduction and Topic Overview)
How employers can cope with the siege of employee lawsuits
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.
Employment
Employee rights including labor law, harassment, safety, unpaid overtime, discrimination and union disputes.
Electronic Data Systems Corp.
allegedly failed to pay employee overtime.
Brown Greer et al.
alleging that the six law firms handling the Vioxx settlement failed to provide money for reimbursements to lien rights of Employee Retirement Income Security Act (ERISA) health plans.
Restaurant Staff
Win Lawsuit Suit Against Employer for Infiltrating their MySpace Forum
Miami Beach Drownings Result in $5.75 Million Settlement
Miami Beach Drownings Result in $5.75 Million Settlement
Salmonella Found in Tomotoes
57 Reported Cases in New Mexico and Texas

Interesting Section 301 Preemption/SOL Case
A Release in a Settlement Agreement is Not Effective Until All Amounts Due are Paid
Union Organizer Is Exempt Employee Under FLSA
Florida Jury Awards $5.4 Million Verdict In Sexual Harassment Case
Will the Employee Free Choice Act undermine free choice







