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The majority, by making the number of prior employees retained by the successor the sole determinative factor, accepts petitioner's bootstrap argument. The effect is to allow any new employer to determine for himself whether he will be bound by the simple expedient of arranging for the termination of all of the prior employer's personnel.
The Board also excludes temporary employees and, unless both employers agree, the employees of subcontractors and temporary agencies who work alongside the employees of the primary employer. The employer must ordinarily raise these issues before the election is scheduled; it cannot later refuse to bargain on the theory that the unit is ...
Employees jointly employed by two employers must be counted by both employers, whether or not maintained on one of the employer's payroll, in determining employer coverage and employee eligibility. For example, an employer who jointly employs 20 employees from a temporary placement agency and 60 permanent workers is covered by FMLA.
Proposed employer rules and employee rights may be more constrained. Overtime pay, benefits, workplace retirement plans, the minimum wage, independent contractors and employee rights to unionize ...
The California Supreme Court ruling curtails the ability of public employees in the state to seek help from the courts in labor disputes. Public employees cannot use labor law to sue employers ...
The employee may lack understanding of how, why—and even if—their contributions matter,” he says. “Employees who can connect or reconnect with the sense that they are learning, growing ...
An employer's free speech right to communicate with his employees is firmly established, and cannot be infringed by a union or by the NLRB, and 8(c) merely implements the First Amendment by requiring that the expression of "any views, argument or opinion" shall not be "evidence of an unfair labor practice," so long as such expression contains ...
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