NLRB PROPOSES TO REQUIRE ALL COVERED EMPLOYERS TO POST A NOTICE CONTAINING NLRA RIGHTS
Excert taken from The Labor and Employment College
Full article can be seen at World Blog
“EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
“The National Labor Relations Act (NLRA) guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity. Employees covered by the NLRA* are protected from certain types of employer and union misconduct. This Notice gives you general information about your rights, and about the obligations of employers and unions under the NLRA. Contact the National Labor Relations Board (NLRB), the Federal agency that investigates and resolves complaints under the NLRA, using the contact information supplied below, if you have any questions about specific rights that may apply in your particular workplace.
“Under the NLRA, you have the right to:
• Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment.
• Form, join or assist a union.
• Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions.
• Discuss your terms and conditions of employment or union organizing with your co-workers or a union.
• Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from a union.
• Strike and picket, depending on the purpose or means of the strike or the picketing.
• Choose not to do any of these activities, including joining or remaining a member of a union.
“Under the NLRA, it is illegal for your employer to:
• Prohibit you from soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break rooms.
• Question you about your union support or activities in a manner that discourages you from engaging in that activity.
• Fire, demote, or transfer you, or reduce your hours or change your shift, or otherwise take adverse action against you, or threaten to take any of these actions, because you join or support a union, or because you engage in concerted activity for mutual aid and protection, or because you
choose not to engage in any such activity.
• Threaten to close your workplace if workers choose a union to represent them.
• Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support.
• Prohibit you from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances.
• Spy on or videotape peaceful union activities and gatherings or pretend to do so.
“Under the NLRA, it is illegal for a union or for the union that represents you in bargaining with your employer to:
• Threaten you that you will lose your job unless you support the union.
• Refuse to process a grievance because you have criticized union
officials or because you are not a member of the union.
• Use or maintain discriminatory standards or procedures in making job referrals from a hiring hall.
• Cause or attempt to cause an employer to discriminate against you because of your union-related activity.
• Take other adverse action against you based on whether you have joined or support the union.
“If you and your co-workers select a union to act as your collective bargaining representative, your employer and the union are required to bargain in good faith in a genuine effort to reach a written, binding agreement setting your terms and conditions of employment. The union is required to fairly represent you in bargaining and enforcing the agreement.
“Illegal conduct will not be permitted. If you believe your rights or the rights of others have been violated, you should contact the NLRB promptly to protect your rights, generally within six months of the unlawful activity. You may inquire about possible violations without your employer or anyone else being informed of the inquiry. Charges may be filed by any person and need not be filed by the employee directly affected by the violation. The NLRB may order an employer to rehire a worker fired in violation of the law and to pay lost wages and benefits, and may order an employer or union to cease violating the law. Employees should seek assistance from the nearest regional NLRB office, which can be found on the Agency’s website:
You can also contact the NLRB by calling toll-free:
1-866-667-NLRB (6572) or (TTY) 1-866-315-NLRB (1-866-315-6572) for hearing impaired.
“*The National Labor Relations Act covers most private-sector employers. Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).
“This is an official Government Notice and must not be defaced by anyone.”
According to the press release, “[p]ublic comments are invited on all aspects of the proposed rule, including the issue of the Board’s authority raised by the dissent, and should be submitted within 60 days of publication in the Federal Register, either electronically to www.regulations.gov, or by mail or hand-delivery to Lester Heltzer, Executive Secretary, NLRB, 1099 14th Street NW, Washington DC 20570.”
RACE DISCRIMINATION TRIAL STARTS IN MOBILE
“Five black men who worked for Austal USA in Mobile took their racial discrimination lawsuit to federal court Monday, opening a 2-week civil trial. The plaintiffs, who seek unspecified damages, are among 22 people who made racial discrimination claims against the shipbuilder, which is the city’s largest industrial employer. They accused the company of allowing a hostile work environment, filled with slurs, nooses and threatening graffiti.”
–Brendan Kirby, Press-Register
Please see the full article at AL.com
SEXUAL HARASSMENT AND RACIAL DISCRIMINATION LAWSUIT AGAINST ASU VERDICT RETURNED
Ms. McGowan represented three plaintiffs in a discrimination lawsuit against Alabama State University for claims of racial and sexual harassment and retaliation. The plaintiffs alleged that they were subjected to a racially and sexually hostile work environment from their supervisors, which included being called various forms of the “N” word and being subjected to other racially and sexually hostile conduct. The plaintiffs also alleged that they were retaliated against, including termination for two of them, after they made complaints of discrimination. The jury returned a verdict for all three plaintiffs in an amount totaling $1,039,119.30
You can find out more at
Sexual, racial harassment trial against ASU begins (Montgomery Advertiser)
EXCEPTIONAL FOUNDATION CHILI COOK-OFF
Lawyers at Wiggins, Childs, Quinn & Pantazis, LLC participated in the 2013 Exceptional Foundation Chili Cookoff, helping raise over $200,000 to benefit social and recreational programs for mentally and physically challenged individuals. Led by Head Chef Dennis Pantazis, the team consisting of Brian Clark, Craig Lowell, Rocco Calamusa, Daniel Arciniegas, Kimberley Sanders, and Kurt Kilpatrick, cooked hot and delicious chili while braving a barrage of snow flurries. Unfortunately, the WCQP chili did not win any awards, but we will be back next year with a new and improved recipe!
Check us out (and some more of the pictures from this great event) on facebook at www.facebook.com/wcqpllc
L to R (Kurt Kilpatrick, Kimberley Sanders, Daniel Arciniegas, Nico Arciniegas, Dennis Pantazis, Brian Clark, Craig Lowell, Rocco Calamusa
WOMEN’S SECTION OF THE BIRMINGHAM BAR ASSOCIATION RECOGNITION
From left to right Tamika Wren, Ann Robertson, Judge Carol Privett, and Robin Burrell
The Women’s Section of the Birmingham Bar Association will be celebrating the 20th anniversary of its founding in 2014. Ann Robertson was a founding member of the Section and was very active in its formation. As a member of the Section’s first Board, Ann successfully promoted the YWCA’s KID’S Korner, a day care for children who are homeless. This project lead to a long partnership between the YWCA and the Women’s Section.
KRESS BUILDING ACHIEVES $34,822/YEAR IN ENERGY COST SAVINGS THROUGH ALABAMASAVES INITIATIVE
In partnership with one of its lending partners, ServisFirst Bank, the AlabmaSAVES program helps two Alabama businesses fund energy efficiency improvements that will reduce CO2 emissions by estimated total of 1M lbs/year.
Kress Building, LLC was one of the Alabama businesses that took advantage of the low cost financing provided through the AlabamaSAVES initiative. TRANE developed the energy project for their 1937 79,400 square foot office building, which is expected to save the Kress Building $34,822/year in energy costs and generate 326,354 kWh/year in energy savings. The project’s scope included replacement of two 7 EER water cooled chillers operating fixed set points with a super-efficient 23.5 EER VFD optimized helical-rotary chiller and controls that exceeds ASHREA 90.1 -2010 minimum efficiency guidelines
9 WIGGINS CHILDS ATTORNEYS NAMED 2014 ALABAMA SUPER LAWYERS
Wiggins Childs Pantazis Fisher & Goldfarb LLC is pleased to announce that nine attorneys have been selected for inclusion on the list of 2014 Alabama Super Lawyers. Bob Wiggins, Bob Childs, Dennis Pantazis, Sam Fisher, Jon Goldfarb, Craig Lowell, Candis McGowan, Josh Wilson, and L. William. Smith were all selected for inclusion on this esteemed list. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
3 WIGGINS CHILDS ATTORNEYS NAMED 2014-2015 BEST LAWYERS IN AMERICA
Wiggins Childs Pantazis Fisher & Goldfarb LLC is pleased to announce that three of its attorneys have selected for inclusion in the 2014-2015 edition of Best Lawyers in America. Bob Childs, Candis McGowan, and Temple Trueblood were selected after an exhaustive nomination and peer review process lasting several months.
Bob Childs is selected in the practice areas of Employment Law – Individuals and Litigation – Labor and Employment.
Candis McGowan is selected in the practice areas of Employment Law – Individuals, Labor Law – Union and Litigation – Labor and Employment. In addition, Ms. McGowan has been named Best Lawyers’ 2014-15 Birmingham Labor Law – Union “Lawyer of the Year.”
Temple Trueblood is selected in the practice areas of Employment Law – Individuals and Litigation – Labor and Employment.
2 WIGGINS CHILDS LAWYERS NAMED B-METRO’S TOP WOMEN LAWYERS
Congratulations to Candis McGowan and Temple Trueblood for being named B-Metro Magazine and Avvo‘s Women Leaders of the Birmingham Bar for 2015! The article will be published the August issue of B-Metro, available at newsstands and online at B-Metro
WIGGINS CHILDS PANTAZIS FISHER GOLDFARB ONE OF US NEWS’ BEST LAW FIRMS
We’re very proud to announce that the firm has been selected as one of US News and World Report’s “Best Law Firms”, receiving a ranking of Tier 1: Employment Law – Individuals and Litigation – Labor & Employment and Tier 2: Labor Law – Union
The U.S.News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking in a particular practice area and metro region, a law firm must have at least one lawyer who is included in Best Lawyers in that particular practice area and metro. The Firms has 3 Lawyers in the Best Lawyers list: Bob Childs, Temple Trueblood, and Candis McGowan