Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: discipline

Want to Limit an Arbitrator’s Ability to Modify a Disciplinary Decision? Bargaining For It is the Best Bet!

Posted in Arbitration, Courts
Last week, the Ohio Supreme Court issued a decision emphasizing the power of an arbitrator to amend an employer’s disciplinary decision where the CBA lacks an express provision limiting the arbitrator’s authority to do so. At issue in the case was the termination of a police officer for the violation of several police department rules,… Continue Reading

Documentation, not Intuition, is Key to Determining Whether an Employee is a Supervisor

Posted in Supervisors, Union Organizing
A recent NLRB decision once again demonstrates that intuition and logical conclusions are no substitute for documentation of supervisory acts when it comes to classifying employees as supervisors under the NLRA.  At issue this time was a registered nurse whom the employer hired to assign and supervise the work of other nurses during shifts in which no other… Continue Reading

When is Talk About Unions Lawfully Prohibited by a No-Solicitation Policy?

Posted in NLRB, Union Organizing
Many employers maintain a policy prohibiting solicitation and distribution.  Under long-standing law, these policies, if correctly drafted, can prohibit employees from engaging in certain types of union activity at certain times of the day.  A recent decision from the NLRB, however, makes it clear that these policies have their limits, and raises the question of… Continue Reading

Court Finds RNs are Supervisors Under the NLRA

Posted in Union Organizing
By Nelson Cary and James Pauley III An important subject of debate for health care employers is whether an RN can be a “supervisor” under the NLRA. This is a significant decision because “supervisors” under the NLRA are treated differently from non-supervisors. In particular, they cannot be included in a group of employees that a union seeks… Continue Reading

Employers Must Bargain Over Discretionary Discipline Before Agreement on First Contract

Posted in Management, NLRB
By Nelson Cary and James Patrick In Alan Ritchey, Inc., the NLRB recently adopted a new rule that will have an immediate impact on any employer attempting to negotiate an initial contract with a newly organized bargaining unit. Specifically, after a union becomes the employees’ bargaining representative, but before the parties have agreed to their first… Continue Reading

It’s Official: NLRB Confirms Protection for Employees Involved in Facebook Rants Against Coworkers

Posted in NLRB
By Nelson Cary and Ashley Manfull As readers of this blog know, in September 2011, Administrative Law Judge Arthur Amchan was the first NLRB judge to issue a ruling on a Facebook-related termination. In Hispanics United of Buffalo, Inc., ALJ Case No. 3-CA-27872, ALJ Amchan ruled that five employees of a non-profit organization were unlawfully terminated… Continue Reading