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Ross' Employment Law Blog

By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo - World's Best.

Copyright (c) 2006, Ross Runkel


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Bush's NLRB Legacy: #5 of 12

Posted Wednesday January 9, 2008, 11:26 am, Over one day old
The new rule in Dana Corp continues to allow card-based recognition, and continues to allow for a recognition bar, while also allowing a brief period of time during which there can be a challenge as to whether there really is majority support for the union.

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Bush's NLRB Legacy: #4 of 12

Posted Wednesday January 9, 2008, 11:26 am, Over one day old
Before each interview, the Union advised the employee that the Respondent had videotaped the employee?s conduct; each employee then admitted engaging in the observed misconduct. Each of the discharged employees had violated the Respondent?s rules by using illegal drugs (marijuana) at work.

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Bush's NLRB Legacy: #3 of 12

Posted Wednesday January 9, 2008, 11:26 am, Over one day old
It has long been the rule that when there is an economic strike (as opposed to an "unfair labor practice strike") the striking employees have a right to get their jobs back at the end of the strike unless the employer has hired "permanent replacements."

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Punitive damages without an award of compensatory damages.

Posted Wednesday January 9, 2008, 11:26 am, Over one day old
(1) The court held that a punitive damages award under Title VII and Section 1981 need not be accompanied by compensatory damages. Due to the statutory cap, it is not necessary for a trial court to award "ceremonial" nominal damages of $1 to each plaintiff.

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Bush's NLRB Legacy: #2 of 12

Posted Wednesday January 9, 2008, 11:26 am, Over one day old
The first holding (allowing a no-use rule) is consistent with previous holdings by the Board, saying that employers have a right to limit the use of employer-owned things such as bulletin boards, copy machines, telephones, and so on.

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2.5 MILLION for harrassing one employee

Posted Wednesday January 9, 2008, 11:26 am, Over one day old
EEOC Says African American Electrician Subjected to?N-Word? and Threats of Lynching at Worksites Across the Country

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Bush's NLRB Legacy: #1 of 12

Posted Wednesday January 9, 2008, 11:26 am, Over one day old
As a matter of practicality, of course, the nonsense is that unionized employees who can (and often do) by contract require the presence of a representative do not need a statutory right, and the non-union employees are the ones with the need.

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No BFOQ in ADA cases

Posted Wednesday January 9, 2008, 11:26 am, Over one day old
The court rejected the adaptation of the Title VII and the Age Discrimination in Employment Act (ADEA) bona fide occupational qualifications (BF0Q) safety standard requirement into the ADA context, where there was no BFOQ defense as such in the ADA (overruling Morton v.

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Paul Secunda moving to Marquette

Posted Wednesday January 9, 2008, 11:26 am, Over one day old
He teaches employment law, employment discrimination law, employee benefits, labor law, civil procedure, school law, higher education law, and special education law. Professor Secunda is also a Research Fellow at the NYU School of Law's Center for Labor and Employment Law.

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NLRB arranges for two-Member Board

Posted Wednesday January 9, 2008, 11:26 am, Over one day old


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