Publications

Section Newsletter Articles on Collective Bargaining

Specialty healthcare: The NLRB rewrites rules on bargaining units By Michael D. Gifford Labor and Employment Law, December 2011 As a result of the recent decision of Specialty Healthcare and Rehabilitation Center of Mobile, unions will be able to organize a minority share of an employer’s workforce although a majority of workers may not favor the union.
Evaluating the debate on collective bargaining in the public sector By Joshua Bailey Alternative Dispute Resolution, April 2011 In order to justify their claims, public sector unions should present a clear and convincing argument as to why collective bargaining is necessary in a government context. This would require unions to pointedly dissect the claim that government is unlike private employers and thus collective bargaining does not function correctly in the public sphere.
Case briefs By Sidra Hamidi and Tim Lesiewicz Alternative Dispute Resolution, November 2009 Ninth Circuit Court of Appeals rules that arbitrators decide claims arising from collective bargaining agreements with an arbitration clause
Pyett: Waiver of statutory federal judicial forum rights in collective bargaining agreements By Stephen E. Balogh and Adam B.E. Lied Labor and Employment Law, September 2009 Recently, the Court’s ruling in 14 Penn Plaza v. Pyett, presented a complete break with the prior understanding of bargained-for arbitration clauses
When are single-location bargaining units appropriate for health care employers? By Benjamin E. Gehrt Labor and Employment Law, March 2007 In County of Cook (Provident Hospital, the Illinois Court of Appeals was presented with the issue of what standard should be applied to determine if a single-location bargaining unit is appropriate for a health care employer with multiple facilities.