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 ...
- 4,221
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 ...
- 12k
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 ...
- 1,778
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 ...
13
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 ...
- 197k
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. ...
- 174k
8
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 ...
- 183k
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 (...
- 112k
6
votes
Accepted
what is it called when you are forced to breach a contract?
what is it called when you are forced to breach a contract?
You might be referring to constructive termination or constructive discharge.
Held v. Gulf Oil Co., 684 F.2d 427, 432 (1982) explains that ...
- 45.1k
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 ...
- 112k
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 ...
- 4,221
3
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 ...
- 12k
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 ...
- 174k
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 ...
- 197k
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....
- 54.2k
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 ...
- 10.8k
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 ...
- 174k
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 ...
- 183k
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 ...
- 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 ...
- 174k
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 ...
- 197k
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 ...
- 1,214
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 ...
- 197k
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 ...
- 4,221
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 ...
- 4,228
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, ...
- 197k
1
vote
How are contract terms determined when union contracts contradict?
The recipient's payroll dept contends that the recipient can only receive 24 hours and that is all I can donate.
The payroll department is misreading Union B's constraint of maximum 24 hours.
Clause ...
- 45.1k
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 ...
- 174k
1
vote
Do unionized employees give up the right to represent themselves in cases of contract violations?
In the USA, management may not negotiate directly with employees if a union contract is in place. Contracts I have been familiar with specified the means for a grievance, and they were to be filed ...
- 4,221
1
vote
Could members of a minority use collective action to negotiate with racist employers?
It seems very unlikely that this scenario is legal. A press release from the EEOC in Feb. 2019
JACKSONVILLE, Fla. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it ...
- 10.8k
Only top scored, non community-wiki answers of a minimum length are eligible