Skip to main content
45 votes
Accepted

Why are Hollywood studios permitted to collectively bargain with employees, and what are the limits of this apparent antitrust exemption?

The National Labor Relations Act (NLRA) (together with related federal labor laws and regulations) sets the rules for what level unions are organized at in different industries, through the actions of ...
ohwilleke's user avatar
  • 221k
30 votes

Can a 401k plan exclude Union members?

The reason for that standard boilerplate is that any union members would be covered by the terms of their Collective Bargaining Agreement (often called the Contract). This isn't an attempt to exclude ...
Tiger Guy's user avatar
  • 7,139
19 votes
Accepted

What are some jurisdictions where a "no-strike clause" is illegal?

In germany, this is called Friedenspflicht. Both employers and employees (and their unions) are required to refrain from strikes and lockouts in disputes on issues which are covered by a currently ...
o.m.'s user avatar
  • 18.3k
15 votes
Accepted

Can a 401k plan exclude Union members?

This fact sheet on the "Employee Retirement Income Security Act of 1974" or ERISA, published by the United States Department of Labor, includes this quote: Who can participate in your ...
user662852's user avatar
  • 1,758
14 votes
Accepted

Could members of a minority use collective action to negotiate with racist employers?

This is explicitly prohibited under 42 USC 2000e-2(c) (c)It shall be an unlawful employment practice for a labor organization— (1) to exclude or to expel from its membership, or otherwise to ...
user6726's user avatar
  • 215k
14 votes

What are some jurisdictions where a "no-strike clause" is illegal?

france Une convention ou un accord collectif ne peut pas limiter ou réglementer l'exercice du droit de grève. A collective or bargaining agreement may not limit or restrict the exercise of the right ...
Gilles 'SO- stop being evil''s user avatar
9 votes
Accepted

When can a lawyer choose what to work on? Must they think they have a chance at success?

I think they called these lawyers "outside counsel", does this mean they are not part of the same organization so (in theory) their advice and position is objective and neutral? Not really. ...
ohwilleke's user avatar
  • 221k
9 votes

What are some jurisdictions where a "no-strike clause" is illegal?

australia Such a clause is unnecessary Under the Fair Work Act which governs all Federal industrial relations (i.e. all those involving companies, the Federal government, and, for reasons, everyone in ...
Dale M's user avatar
  • 213k
7 votes
Accepted

Can an employeer in California impose additonal limitations for emplyees on their 401k contributions?

As discussed in this investopedia article contributions may be limited for Highly Compensated Employees (HCE). This article discusses the Actual Deferral & Actual Contribution Percentage Tests (...
David Siegel's user avatar
6 votes

How does Unionization in the USA work?

First of all, the question seems to misunderstand what "union elections" are about. They do not involve forming or joining a union. Under 29 USC 157 all employees have the right to form or ...
David Siegel's user avatar
4 votes

Is firing for unionizing legal? (The Office, S2E15)

A. Yes it is clearly illegal to fire employees for unionizing. B. Companies get around this all the time by closing the facility. That means the managers lose their jobs too, which is incentive ...
Tiger Guy's user avatar
  • 7,139
4 votes

What is it called when you are forced to breach a contract?

The term for a case where a party is forced to breach a contract depends on whether the breach was caused by human-caused or natural events. If it was caused by people (e.g. you couldn't get to work ...
Someone's user avatar
  • 17k
3 votes
Accepted

What Are The Obligations Of U.S. Employers As It Relates To Bargaining With Unions?

Caveat: This answer applies to private sector union workers in the U.S. The considerations that apply to public sector unions are very different. Also, as I discuss below, there are special labor ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

Union fees were deducted but was never told there was a union

Labor Code §70 states that (1) Where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included in the collective agreement between the trade ...
user6726's user avatar
  • 215k
3 votes

Can you explain the "Rule of Three Scores"? In plain English?

Put most simply: A "score" is the examination score for a job candidate who performed well enough to be considered for a position. It is more helpful to think of it as the candidate himself....
bdb484's user avatar
  • 60.7k
3 votes

Can an employeer in California impose additonal limitations for emplyees on their 401k contributions?

There are 401k rules to prevent all the benefits going to the top people. That’s one of the reasons management provides broad incentives to participate. From IRS web site The top-heavy rules ...
George White's user avatar
  • 12.8k
3 votes

Must the credit reel be displayed in a public performance/display of copyrighted works?

The credits following a recorded video performance are both customary in the industry, and are also required by union the union contract that applies when the production company is a union shop. These ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

What rights does a German works council have with respect to a longterm unfilled position?

I don't think so. When it comes to wages, there may be a Tarifvertrag (union-negotiated wage schedule), which may apply even if the employee in question is no union member. It is enough if the ...
o.m.'s user avatar
  • 18.3k
2 votes
Accepted

Must the credit reel be displayed in a public performance/display of copyrighted works?

There is no law that requires the showing of credits for anything. Showing credits at the nod of a movie or TV show is customary but not required. Attribution of another person's work is a matter of ...
Dale M's user avatar
  • 213k
2 votes

Does federal regulation actually require unions to represent non-dues paying employees?

The answer is yes, unions can be required to represent non-union employees, under certain circumstances. First, the union must be the exclusive representative of the employees. Exclusive means ...
Hublaw's user avatar
  • 21
2 votes
Accepted

PERB Citation Elements

Your example is from 2.4(b)(1) of the style manual for "Commission and Agency Documents and Materials". The New York Public Employment Relations Board is a state level version of the National Labor ...
ohwilleke's user avatar
  • 221k
2 votes

Is deliberately sabotaging education illegal?

If you are interested in California law about education and labor unions, this page lists numerous laws relevant to public jobs and labor unions, the first entry being about collective bargaining and ...
user6726's user avatar
  • 215k
2 votes

Can a 401k plan exclude Union members?

As Tiger Guy mentioned, union members have a separate agreement for salary and benefits that typically includes some sort of retirement plan. Your company is offering a 401k for those who aren't ...
bta's user avatar
  • 1,334
2 votes

Can a union fire someone for cause?

A union cannot fire an employee (except a person who is an employee of the union), but an employer can. Section 246.1(1) of the Canada Labour Code prohibits a federally regulated employer from taking ...
user6726's user avatar
  • 215k
2 votes

What is it called when you are forced to breach a contract?

This is on you, unfortunately Under my agreement with the union, I agree to be sent where the union sees fit, and not quit. So you agreed to this Having recently completed a job, the contractor ...
Tiger Guy's user avatar
  • 7,139
1 vote

What is it called when you are forced to breach a contract?

Impossibility to perform the actions required from you in a contract is a credible defense to contract breach. The impossibility standard is quite literal. It cannot just be hard or inconvenient for ...
Neil Meyer's user avatar
  • 5,017
1 vote
Accepted

Is it lawful to record or take notes on a presentation you were told not to?

Canadian Criminal Code § 181 ff makes it illegal to "intercept" a private communication: 184 (1) Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, ...
user6726's user avatar
  • 215k
1 vote

Do unionized employees give up the right to represent themselves in cases of contract violations?

The National Labor Relations Act (NLRA) is the primary legislation which gives private sector unions in the U.S., that are in a unionized bargaining unit that is recognized by the National Labor ...
ohwilleke's user avatar
  • 221k

Only top scored, non community-wiki answers of a minimum length are eligible