GRIEVING ULP CHARGES
While the traditional place to file a ULP allegation is with the FLRA, there are considerable advantages to grieving it—especially if you make some small changes in your contract grievance procedure. Continue reading
“PARTICULARIZED NEED” MADE CLEARER
No one will ever accuse FLRA’s (or the courts’) “particularized need” concept of being clear and easy to apply. In fact, it is closer to a full employment program for labor lawyers than it is a workable concept in the hands of everyday L-M practitioners. But that is why two fairly recent FLRA decisions are worth remembering, i.e., they give practitioners useful and concrete advice. Continue reading
FREE FMLA LEGAL GUIDE
If you deal with a lot of FMLA questions, take a look at the new case law guide from the American Bar Association. It has a great table of contents and very helpful summaries of precedent setting FMLA cases. It is worth reading through just to see if you have been doing something wrong or missing an argument. And it is free to print or bookmark on your favorites. http://www2.americanbar.org/calendar/ll0223-2011-midwinter-meeting/Documents/b_fmla.pdf
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QUIZ YOURSELF: Particularized Need Limitations
Which of the following does a union not have to reveal to management to meet the particularized need standard for getting information.
A. Why it needs the information, B. The Uses to which it will put the data, C. The potential grievant one whose behalf it is requesting the information, D. How the information relates to its representational responsibilities, E. The potential violation it believes management committed, or F. Its strategies for using the data to represent the employee? Continue reading
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