Tag Archives: collective bargaining

No “Summer Slow-Down” for Manufacturers – Regulatory Changes Continue

  Readers of this space may recall my recent posts highlighting court and legislative changes to employment laws, regulations and policies affecting manufacturers.  See e.g. “‘Manufacturing’ Law: Courts Also Move to Fill the Void,” “INTERESTING UPDATE: ‘Manufacturing’ Law: Courts Join the States to Fill the Void,” and “The DOL Seeks to Change the Tide.”  While … Continue Reading

States (and Cities) Rush In Where Congress Fears to Tread

Some manufacturers may interpret the “Epic Fail” of Congress to repeal the Affordable Care Act as a sign of stability in the labor and employment landscape.  After all, one thing which the new Administration and Congressional Republicans had in common was their seven-year pledge to repeal “Obamacare.”  When compared to the divergent views on other … Continue Reading

The 2017 “Manufacturers’ Lawyer’s Shrug”

I am a really big fan of the NPR radio show, “Car Talk,” where two Boston auto mechanics took callers’ questions and tried to answer them.  Since the November 8 election, I have freely adapted one of their signature phrases – I call it the “Manufacturers’ Lawyers’ Shrug.”  Basically, when I attend any event and … Continue Reading

Teamsters’ Central States Pension Plan: A Saga Becomes a Nightmare?

We have been watching, warning and posting about the saga of the troubled Central States Pension Plan (“CSPP”).  See The Gift-Giving Season? Three “Game-Changing” Employment Developments Impacting Manufacturers, Teamster Plan to Cut Pensions Presents Significant Issues for Manufacturers, and A Troubling Future Part One:  Teamsters’ Pension Rescue Plan.  Things were bad.  They got worse. Created … Continue Reading

Employment Law Developments for Manufacturers:  Predictably Unpredictable!

Manufacturers should take note of two recent developments in the human resources world.  One expected.  The other not. Frequent readers of this blog may recall that in January I predicted the United States Department of Labor (“DOL”) would make good on its goal of updating the “Persuader Rule.” By way of background, the Persuader Rule … Continue Reading

Recent NLRB Decision Gives Manufacturers Another Reason to Update Policies

As I have commented in this space multiple times, under the Obama Administration, government agencies (particularly the U.S. Department of Labor, the Equal Employment Opportunity Commission and the National Labor Relations Board) have given manufacturers great incentives to review and update employment policies in light of an aggressive enforcement environment.  The National Labor Relations Board … Continue Reading

EEOC Retaliation Guidance Ups the Stakes for Manufacturers

I ended my January 21 “employment law predictions” post by writing, “One thing I can count on as these ‘Years of Change’ continue, [I]  expect something unexpected.”  The EEOC made that prediction come true the same day when it published for comment a wholesale revision of its policy guidance on retaliation claims under federal civil … Continue Reading

Never too Late for Some 2016 Employment Predictions!

  While we are still saying “Happy New Year” (I checked and was told that January 21 was still “not too late” to wish good tidings for 2016), and as we get ready for the Great East Coast Blizzard of 2016, I thought it would be a good time to add my own predictions for … Continue Reading

Breaking News: UAW Wins VW Manufacturing Plant Vote in Tennessee

On Friday, the United Auto Workers claimed victory in its long-running efforts to organize the VW plant in Chattanooga, Tennessee.  Reportedly capturing 71 percent of the vote (108 in favor to 44 against), the election victory represents the first successful organizing campaign of this troubled German car manufacturer in the United States.  The victory comes … Continue Reading

Manufacturing a Troubling Future Part Two:  Recent Decision

This is the second of two posts regarding the “troubling” state of multi-employer pension plans.  My October post provided an overview of the recently published Teamsters’ Central States Pension “Rescue Plan” and discussed some of its implications.  This post will review the recent  decision of the Ninth Circuit Court of Appeals in Resilient Floor Covering … Continue Reading

Heralding Wholesale Changes for Manufacturers, Labor Board Revamps “Joint Employer” Test

Just in time for Labor Day, the National Labor Relations Board handed organized labor a great gift and potentially disrupted the business and labor relationships of thousands of American manufacturers. On August 27, 2015, a divided Labor Board ruled 3-2 that Browning-Ferris Industries was the “joint employer” of workers supplied by a third-party.  Browning-Ferris Industries, … Continue Reading

Raising Manufacturing Employees’ Wages? Consider the Unintended Consequences

The political discourse focusing on the wage disparity between the rich and the poor has led to efforts to raise the minimum wage for American workers.  Today, more than half the states have minimum wages above the Federal minimum wage, and effective July 1, 2015, the District of Columbia crossed the $10 per hour threshold … Continue Reading

Teamster Plan to Cut Pensions Presents Significant Issues for Manufacturers

In April, the Teamsters Central States Pension Fund (“Central States”) announced its intention to cut the benefits of retired workers under the recently enacted 2014 Multiemployer Pension Reform Act (“MEPRA”). I previously blogged about the MEPRA in December. There I noted that, for those financially stressed pension plans seeking protection, the process for implementing benefit … Continue Reading

Legal Issues To Consider When Purchasing Assets From Another Manufacturer

The decision to purchase the assets of a manufacturer raises a host of legal issues, including labor/employment, environmental, and product liability.  We thought we would do a group post to describe the first things that come to mind for each of us when one of our clients considers such a deal. Nicole:  As a labor … Continue Reading
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