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Labor & Employment Law Blog Posts from November 19, 2009

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Labor & Employment Law Posts (November 19, 2009)

The Rich Are Different. They Have Jobs

Wall Street doesn’t look back at the disaster it wrecked on Main Street. Goldman Sachs, one of the Wall Street firms that got the H1N1 flu shot well ahead of millions of America’s school children, sent this health tip in a memo to its pampered, out-of-touch execs: “Resist the urge to open your own c
Posted on AFL-CIO NOW BLOG on November 19, 2009 at 6:16 PM

Senate Health Care Bill: Moving in the Right Direction

Around the country, union volunteers are taking grassroots action to get their senators to support real health care reform. Today, Senate Majority Leader Harry Reid (D-Nev.) officially released the Senate’s version of health care reform legislation, a major step toward the health care reform bill America has been wa
Posted on AFL-CIO NOW BLOG on November 19, 2009 at 6:04 PM

Hundreds in Airline Industry Gain a Union Voice on the Job

More than 400 flight attendants and 170 pilots now have strong union voices after voting to join the Flight Attendants-CWA( AFA-CWA) and the Air Line Pilots (ALPA) in three elections, recently certified by the National Mediation Board (NMB). In the latest victory for airline workers, the 300 flight attendants at Compass Airlines voted 2-to-1 for AFA-C
Posted on AFL-CIO NOW BLOG on November 19, 2009 at 5:58 PM

Gone with the Wind: Blowing U.S. Tax Dollars Off Shore

It turns out a Texas windmill farm developer’s request last month for nearly half a billion in stimulus funds to create 2,000 jobs in China doesn’t rank first on the audacity scale. Shockingly for American taxpayers, and sadly for the staggering 10.2 percent of Americans who are unemployed, it doesn’t even rank second. That’s be
Posted on AFL-CIO NOW BLOG on November 19, 2009 at 5:48 PM

Drummonds on Reforming Labor Law by Reforming Labor Law Preemption Doctrine

Henry Drummonds (Lewis & Clark) has provided me with a draft of his recent article in the Louisiana Law Review: Reforming Labor Law by Reforming Labor Law Preemption Doctrine to Allow the States to Make More Labor Relations Policy. From...
Posted on LaborProf Blog on November 19, 2009 at 5:04 PM

Zimmer on the Disparate Impact Consequences of Ricci

Mike Zimmer is up on Concurring Opinions with his next installment on the meaning of the Ricci v. DeStefano case for the future of employment discrimination law. This current post focuses on the disparate impact consequences of Ricci. Here's a...
Posted on LaborProf Blog on November 19, 2009 at 4:39 PM

Today: National Day of Action to Stop Wage Theft

Workers, community leaders and religious activists are holding rallies, prayer vigils and other actions in more than 40 cities around the country today as part of a National Day of Action to Stop Wage Theft. Wage theft is a national epidemic, which robs millions of workers of billions of dollars they’ve worked for but never seen, s
Posted on AFL-CIO NOW BLOG on November 19, 2009 at 4:27 PM

American Rights at Work Honors Sweeney, Employee Free Choice Champions

AFL-CIO President Emeritus John Sweeney accepts the Eleanor Roosevelt Award from American Rights at Work. AFL-CIO President Emeritus John Sweeney received the top honor at last night’s 5th annual American Rights at Work Eleanor Roosevelt Awards for his long-term dedication on behalf of workers’ freedom to form union
Posted on AFL-CIO NOW BLOG on November 19, 2009 at 3:58 PM

Vote Now for POP Art Winner

This is one of the six finalists. Click here to see all. The art on the left is just one of six fantastic submissions to the Public Option Please (POP) contest, launched earlier this fall to cut through the Washington Beltway “insider” clutter and provide a vehicle for artists to make the moral case for healt
Posted on AFL-CIO NOW BLOG on November 19, 2009 at 3:08 PM

Most Unusual Employee Requests

Career Builder, the online job seekers/help wanted site recently posted the results of one of its entertaining surveys, this one on most unusual employee requests. Here are some of the best: Request to allow people to change clothes in their...
Posted on LaborProf Blog on November 19, 2009 at 1:58 PM

Yamada: Current Status of Workplace Bullying

David Yamada (Suffolk), leader of the anti-bullying movement, has just posted on SSRN his article (forthcoming Comparative Labor Law & Policy Journal) Workplace Bullying and American Employment Law: A Ten-Year Progress Report and Assessment. Here's the abstract: This article details...
Posted on LaborProf Blog on November 19, 2009 at 9:27 AM

EBRI Reports

Employee Benefit Research Institute has just released a trio of new reports: Craig Copeland, Retirement Plan Participation and Asset Allocation, 2007. Paul Fronstin, Availability, Contributions, Account Balances, and Rollovers in Account-Based Health Plans, 2006-2009. Craig Copeland, Employment-Based Retirement Plan Participation:...
Posted on LaborProf Blog on November 19, 2009 at 9:23 AM

Employer?s denial of GLM §207-a(2) supplement to firefighters accidental retirement allowance based on unsworn statements held arbitrary

Employer?s denial of GLM §207-a(2) supplement to firefighters accidental retirement allowance based on unsworn statements held arbitraryMatter of Ward v City of Long Beach, 2009 NY Slip Op 52297(U), Decided on October 30, 2009, Supreme Court, Nassau County, Judge Daniel R. PalmieriBrian Ward, a firefighter receiving a disability retirement allowance fr
Posted on New York Public Personnel Law on November 19, 2009 at 8:12 AM

Administrative Law Judge holds that an employee's failure to report for drug testing must be treated as the equivalent of failing a drug test

Administrative Law Judge holds that an employee's failure to report for drug testing must be treated as the equivalent of failing a drug testDepartment of Sanitation and Henry Morrison, OATH Index No. 894/09OATH Administrative Law Judge Kara Miller recommended termination for a sanitation worker, Henry Morrison, after finding that he was guilty of fail
Posted on New York Public Personnel Law on November 19, 2009 at 7:40 AM

Employee terminated after violating the terms of a disciplinary settlement

Employee terminated after violating the terms of a disciplinary settlementMatter of Outley v Upstate Med. Univ., 60 A.D.3d 1398*Joanne Outley, an employee at SUNY?s Upstate Medical Center, was served with disciplinary charges alleging that she was guilty of excessive absences and disciplinary notifications UMC and Outley entered into a disciplinary set
Posted on New York Public Personnel Law on November 19, 2009 at 7:36 AM

Proof an enforceable past practice required to support alleged §209-a.1(d) violation

Proof an enforceable past practice required to support alleged §209-a.1(d) violationNorth Colonie Teachers Association, NYSUP/AFT/ NEA/AFT/CIO and North Colonie Central School District, Board decision, U-27717The Board affirmed a decision of an ALJ dismissing an improper practice charge filed by the North Colonie Teachers Association (Association) alle
Posted on New York Public Personnel Law on November 19, 2009 at 7:32 AM

An individual whose rights could be affected by a decision by the Commissioner of Education must be named as a necessary party to the action

An individual whose rights could be affected by a decision by the Commissioner of Education must be named as a necessary party to the actionAppeal of Douglas Williams from action of the Board of Education of the North Colonie Central School District regarding an employment matter, Decisions of the Commissioner of Education, Decision No. 15,879Douglas W
Posted on New York Public Personnel Law on November 19, 2009 at 7:06 AM

A village board is not bound absent its adoption of a resolution providing for an employee benefit claimed to have agreed upon orally

A village board is not bound absent its adoption of a resolution providing for an employee benefit claimed to have agreed upon orallyGarrigan v Incorporated Vil. of Malverne, 59 A.D.3d 662In April 1957, Raymond Garrigan began employment as a Village of Malverne police officer. The collective bargaining agreement between the Village and the PBA provided
Posted on New York Public Personnel Law on November 19, 2009 at 6:59 AM

Employee organization may elect not to act provided its decision is not improperly motivated

Employee organization may elect not to act provided its decision is not improperly motivatedDaniel Farrey And District Council 37, AFSCME, AFL-CIO, Decisions of the Board, PERB U-27677The Public Employment Relations Board affirmed the decision of an ALJ dismissing a duty of fair representation charge filed by Daniel Farrey (Farrey) against District Cou
Posted on New York Public Personnel Law on November 19, 2009 at 6:44 AM

UNITE HERE Fighting for Hotel Workers Across Nation

Hotel workers and their supporters held a candlelight vigil outside the Hyatt Regency Boston last week. Members of UNITE HERE are walking out and digging in to fight for fair contracts at hotels across the country. Some 650 workers at the Westin St. Francis in San Francisco went on strike this morning and will remain out until
Posted on AFL-CIO NOW BLOG on November 18, 2009 at 7:10 PM

Illinois Grad Employees Win Key Contract Demand, Return to Jobs

More than 1,100 graduate student employees at the University of Illinois at Urbana-Champaign (UIUC) won protection of their tuition waivers and other key improvements in a tentative deal reached with the university last night following a two-day strike. The Graduate Employees’ Organization (GEO/UIUC), an AFT affiliate, says in a statement the
Posted on AFL-CIO NOW BLOG on November 18, 2009 at 6:38 PM

China and Its U.S. Wind Farm Partner Promise More American Jobs

After a public outcry over China’s plan to seek $450 million in economic recovery funds to build a wind farm in Texas that would create only 30 U.S. jobs, the companies involved are now promising to put more Americans to work. USA Today reports the companies?a U.S. private equity firm and a Chinese turbine maker?also will build a plant in the Uni
Posted on AFL-CIO NOW BLOG on November 18, 2009 at 6:14 PM

New Polls Show Public Demands a Public Option, and More Health Care News

Union members have delivered thousands of letters to senators in support of health care reform. We’re watching closely to see if the U.S. Senate begins its debate on health care this week. Senate Majority Leader Harry Reid (D-Nev.) will unveil the Senate bill tonight and we could see the first vote to begin debate a
Posted on AFL-CIO NOW BLOG on November 18, 2009 at 5:55 PM

Google and Legal Research

Someone else may have caught this before him, but my hat tip on Google's entry into legal research goes to Eugene Lee at California Labor Law, Google Offers Caselaw ... for FREE. Google comes out with tons of new offerings and not all of them last, so who knows about this project, but given what they have accomplished in other areas, probably worth kee
Posted on Jottings By An Employer's Lawyer on November 18, 2009 at 5:48 PM

Silvers: We Need Comprehensive Financial Reform

AFL-CIO Director of Policy Damon Silvers has a prescription for moving our economy forward: Make the financial sector the servant of the real economy?not its master. Silvers debated American Bankers Association President Edward Yingling on the need for financial reform in a hard-fought discussion at the Aspen Institute yesterday, and the differences be
Posted on AFL-CIO NOW BLOG on November 18, 2009 at 5:34 PM

Canadian Views on EFCA

Just Labour: A Journal of Work and Society, which is an electronic journal published by the York University's Centre for Research on Work and Society, has just published a collection of articles entitled, "A Canadian Perspective on the U.S. Employee...
Posted on LaborProf Blog on November 18, 2009 at 5:22 PM

EEOC Listening Sessions on ADA Amendments

The EEOC is holding listening sessions on its proposed rules interpreting the ADA Amendments Act. BNA's Daily Labor Report (subscription required) has a story on the first session. As is no surprise, disability groups are happy and employer groups believe...
Posted on LaborProf Blog on November 18, 2009 at 5:12 PM

CWA, German Telecom Union Create Alliance to Help T-Mobile Workers

To better fight the inequity between T-Mobile employees in the United States and those who work in Germany, the Communications Workers of America (CWA) and ver.di, the German telecommunications workers union, announced today they are forming a special alliance to create TU?a union for T-Mobile workers. CWA President Larry Cohen told a press conference
Posted on AFL-CIO NOW BLOG on November 18, 2009 at 5:03 PM

Student Anti-Sweatshop Activists Score Big Win for Honduran Workers

In what is being hailed as the biggest victory ever by student anti-sweatshop activists, Russell Athletic, the largest supplier of team uniforms and logo-wear, has agreed to reopen a Honduran factory shut down in January shortly after its workers formed a union and will rehire the 1,200 union members. When Russell shut the factory and m
Posted on AFL-CIO NOW BLOG on November 18, 2009 at 3:55 PM

Canada?s Experts Skewer Shoddy Study on Employee Free Choice

Opponents of the Employee Free Choice Act often claim the legislation would hurt employment. They base that falsehood on a study paid for by the U.S. Chamber of Commerce and its cronies, which purports to examine the effects of majority sign-up on the labor market in Canada. Now, a devastating new critique shows the bought-and-paid-for “study,&#
Posted on AFL-CIO NOW BLOG on November 18, 2009 at 2:52 PM

NYSERS?s Common Retirement Fund?s value up 16 Billion Dollars

NYSERS?s Common Retirement Fund?s value up 16 Billion DollarsSource: Office of the State ComptrollerThe Office of the State Comptroller reports that the market value of the New York State Common Retirement Fund increased by more than sixteen billion dollars to approximately $126 billion as of September 30, 2009, a positive 18.3 percent rate of return.
Posted on New York Public Personnel Law on November 18, 2009 at 12:24 PM

Failure to exhaust administrative remedy by not filing a contract grievance results in dismissal of terminated employee?s lawsuit

Failure to exhaust administrative remedy by not filing a contract grievance results in dismissal of terminated employee?s lawsuitMatter of Cummings v Board of Education of Sharon Springs Cent. School District 60 A.D.3d 1138Ginger Cummings was terminated from her position as a school bus driver with the Sharon Springs Central School District because ?wh
Posted on New York Public Personnel Law on November 18, 2009 at 11:15 AM

Commissioner of Education asked to void collective bargaining agreement between school district and an employee organization

Commissioner of Education asked to void collective bargaining agreement between school district and an employee organizationAppeal of Theresa Budich, from actions of the Board of Education of the Monroe-Woodbury Central School District relating to the ratification of a collective bargaining agreement, and application for the removal of Michael DiGeroni
Posted on New York Public Personnel Law on November 18, 2009 at 10:54 AM

5 Year BLOG-iversary

Alas, it has been so many years since I started this blog that I almost forgot its 5 YEAR anniversary until I was standing in front of 125 participants attending a HRNY (Human Resources Association of New York) talking about recent federal legislation and I remembered a rainy November weekend five years ago when I started this blog
Posted on Strategic HR Lawyer on November 18, 2009 at 9:02 AM

County enjoined from surveying part-time workers as to their interest in CSEA continuing as their representative for the purposes of the Taylor Law

County enjoined from surveying part-time workers as to their interest in CSEA continuing as their representative for the purposes of the Taylor LawMatter of New York State Pub. Empl. Relations Bd. v County of Monroe, 2009 NY Slip Op 52295(U), Decided on August 28, 2009, Supreme Court, Albany County, Judge Henry F. Zwack, [Not selected for publications
Posted on New York Public Personnel Law on November 18, 2009 at 8:10 AM

Failure to appeal an administrative law judges ruling precludes the reopening of the issue in a subsequent proceeding

Failure to appeal an administrative law judges ruling precludes the reopening of the issue in a subsequent proceedingMatter of Cipriano v Onondaga County Corrections, 60 A.D.3d 1120Onondaga County Assistant Corrections Commissioner Peter A. Cipriano suffered a heart attack and underwent coronary bypass surgery. Two years later he was awarded workers' c
Posted on New York Public Personnel Law on November 18, 2009 at 7:17 AM

Employee organization charged employer had ?direct dealing? with unit members and refused to negotiate the impact of an assessment plan

Employee organization charged employer had ?direct dealing? with unit members and refused to negotiate the impact of an assessment planDutchess United Educators and Dutchess Community College - PERB determinations U-27107, U-27371The Public Employment Relations Board affirmed the decision of an ALJ dismissing two charges filed by the Dutchess United Ed
Posted on New York Public Personnel Law on November 18, 2009 at 7:14 AM

A ?special relationship? tempers a municipality?s immunity from liability for discretionary actions taken by its agents

A ?special relationship? tempers a municipality?s immunity from liability for discretionary actions taken by its agentsAlvarado v City of New York, 60 A.D.3d 427Lenora Alvarado alleged that while acting as an interpreter for the New York City Police Department during the course of an investigation into a complaint of domestic violence, she was assaulte
Posted on New York Public Personnel Law on November 18, 2009 at 7:11 AM

Investing in a Post Madoff Environment: Financial Fraud Seminar for Industry Professionals

In an effort to educate industry professionals on how to fight financial fraud, The Financial Services Division of LaBovick & LaBovick, P.A. is holding a Financial Fraud Seminar in conjunction with the Daily Business Review on the very relevant subject: Investing in a Post Madoff Environment: Financial Fraud: How it's accomplished, how to detect it, a
Posted on The Law Planet Blog on November 18, 2009 at 7:10 AM

Employee terminated after refusing to sign a statement acknowledging a ?verbal warning? given to her by her supervisor

Employee terminated after refusing to sign a statement acknowledging a ?verbal warning? given to her by her supervisorMatter of Rey-calderon v Commissioner of Labor, 60 A.D.3d 1124Wanda Rey-calderon, a school bus dispatcher, for the employer reported late to work and her supervisor gave her a verbal warning and a written acknowledgment of the verbal wa
Posted on New York Public Personnel Law on November 18, 2009 at 7:02 AM

Florida Investor Protection Act takes center stage against Securities Fraud

Not a minute too soon, Florida Governor Charlie Crist, signed the Florida Investor Protection Plan, Florida House Bill 483, into law, effective July 1, 2009. As we mentioned in a previous post on The Law Planet Blog, this was a new day for Florida investors. In the wake of fraudulent Ponzi Schemes such as, the Bernie Madoff Ponzi Scheme and the new Sc
Posted on The Law Planet Blog on November 18, 2009 at 6:05 AM

Anti-Sweatshop Victory

The student anti-sweatshop movement has just achieved a big victory in pressuring Russell Athletic to rehire 1,200 workers fired in Honduras after they unionized. The student pressure prompted over 90 colleges to end Russell's ability to use the schools' logos....
Posted on LaborProf Blog on November 18, 2009 at 1:23 AM

2009-11-19 Posts in other Subject Areas

Academic (197), Criminal Law (187), Legal News (171), Legal Commentary (134), Legal Research (92), Religion & Law (89), Personal Injury Law (85), International Law (85), Intellectual Property Law (60), Loan Modification (58), Litigation (57), Labor & Employment Law (42), Real Estate & Property Law (39), Federal Judiciary (32), Bailout (31), Taxation & Estate Planning (28), Indiana (27), Celebrity Law (26), Miscellaneous (22), Constitutional Law (22), Corporate & Securities Law (22), Legal Writing (20), Patent Law (20), Ethics (20), Estate Planning (18), Election-Campaign Law (18), Politics (18), Bankruptcy (17), Law Students (17), Legal Niches (16), Law Humor (15), Family Law (15), Copyright Law (15), Kentucky (14), Consumer Law (11), Media & Entertainment Law (10), In-House Counsel (9), Corporate Governance (9), Legal History (9), Law Technology (9), Immigration Law (9), Legal Marketing & PR (8), Paralegals & Legal Secretaries (8), Health Law (8), Florida (7), Class Action (5), Disability Law (4), Ohio (4), Environmental Law (4), Law School (3), New Law Blogs (3), Bar Associations (3), Local Law Blogs (3), Massachusetts (3), Legal Journals (3), Practice Management (3), Education Law (3), Public Defense (3), State Courts (3), Personal Blogs (3), New York (2), Banking Law (2), Bad Cops & Prosecutors (2), Careers (2), Energy Law (2), Legal Malpractice (2), Elder Law (1), Solo Practice (1), Obama Citizenship (1), Persaonl Blogs (1), Appellate Law (1), Michigan (1), Arbitration & Mediation (1), Litigation Support (1), Trademark Law (1),