labor law

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Definition

Capable of employment.  A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury. 

Illustrative case law

See, e.g. International Union, et al. v. Johnson Controls, Inc...

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A place of employment in which full membership in a union is not required, but the union acts as an agent for the employees.  Both union members and non-union members must pay periodic union dues and initiation fees whether they join or not since...

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Overview

42 U.S. Code § 2000e-2 allows for an employer to discriminate against employees and potential employees "on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona...

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A situation in which an employer gives speeches that discourage workers from joining a union or that are in some way anti-union.  These speeches may be given to employees on company time and company property and only if they are not coercive. The...

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Applies when the National Labor Relations Board defers charges (ie. unfair labor practices) to the arbitration process when these charges are brought prior to an arbitration award.  The National Labor Relations Board will, under this doctrine,...

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Overview

Employment law is a broad area encompassing all areas of the employer/employee relationship. Employment law consists of thousands of federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (such...

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Overview

At-will employment refers to an employment agreement stating that employment is for an indefinite period of time and may be terminated either by employer or employee. If an employment is at-will, such an agreement would typically be expressly...

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Overview

The U.S. Equal Employment Opportunity Commission (“EEOC”) enforces federal laws prohibiting workplace discrimination. The EEOC was created by the Civil Rights Act of 1964. The employment section of the Civil Rights Act of 1964, known as Title...

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For years, petitioner, Granite Rock, a California cement company, and respondent, Teamsters Local 287 (“Local 287”) (the local chapter of respondent, International Brotherhood of Teamsters (“IBT”)), had a Collective...

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Oral argument: Jan. 19, 2010

Appealed from: United States Court of Appeals for the Ninth Circuit (Oct. 22, 2008)

LABOR-MANAGEMENT RELATIONS ACT, LMRA, ARBITRATION, LABOR LAW, COLLECTIVE...
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A system whereby a union refers potential employees to an employer. Also may refer to a system of union work permits.  Such referals and work permits may not discriminate based on membership in the union.

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A form of union organizing which organizes all of the workers in a particular industry into the same union without regard for the skill or trade of each worker.  The result is that workers in one or in all of the industries  gain more...

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Originally, the Fair Labor Standards Act (FLSA) mandated a minimum wage and overtime benefits to those workers whose employer was engaged in commerce or produced goods for commerce and whose gross sales met or exceeded $250,000. 29 U.S.C...

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A policy followed by the NLRB pursuant to Midwest Piping & Supply Co., 63 N.L.R.B. 1060 (1945) marked by complete neutrality by employers in rival union situations.  This doctrine was followed for the 37 years from 1945 until 1982. As a result...

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OverviewMinimum wage laws establish a base level of pay that employers are required to pay certain covered employees. The current federal minimum wage is $7.25 per hour. In addition to a federal minimum wage, some states also have their own minimum wages...
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National Labor Relations Act: an overview

The focus of the traditional law of unions, which makes up the major part of the area of law known as labor law, is on workers collectively and their rights as a group. This may be distinguished from...

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Unfair Labor Practices: an overview


Under the National Labor Relations Act ("NLRA"), there are three broad categories of Unfair Labor Practices ("ULPs").  The three categories of ULPs consist of those under Section 8 of the NLRA.  ...

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Facts

In October 2001, involuntary Chapter 11 bankruptcy proceedings commenced against Quality Stores, the largest agriculture-specialty retailer in the United States at the time. See In re Quality Stores, Inc., et al., 693 F.3d 605, 608 (6th Cir. 2012...

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Petitioner Terry Whitman ("Whitman") was employed as an air traffic controller at the Federal Aviation Administration's ("FAA") Anchorage Air Route Traffic Control Center. Brief of the Petitioner at 8-9. As part of his...

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Appealed from: United States Court of Appeals, Ninth Circuit

Oral argument: December 5, 2005

Terry Whitman served as an air traffic controller with the Federal Aviation Administration for twenty years. Under...