Publications

Section Newsletter Articles on Labor Law

Labor dispute raises civil practice and privilege issues By Nigel Smith Civil Practice and Procedure, February 2014 A summary of the recent case of Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board, and the procedural steps taken by each of the parties.
Calculation of AWW when considering future earning per a union contract By Megan Kivisto and Peter Corti Workers' Compensation Law, August 2013 In addition to setting forth a clear rule regarding calculation of wage differential benefits, the case of United Airlines, Inc. v. Illinois Workers’ Compensation Commission reminds us that speculative evidence has no place in our practice.
DC Circuit strikes down NLRB notice rule By Gerard A. McInnis Labor and Employment Law, May 2013 The United States Court of Appeals for the District of Columbia Circuit has struck down the NLRB’s rule requiring all employers covered by the National Labor Relations Act to post a notice informing employees of their rights under the Act.
NLRB Office of Advice proposed Confidentiality Rule By Gerard A. McInnis Labor and Employment Law, May 2013 An employer who adopts the rule outlined in this article is less likely to face a complaint from a Regional Office
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, December 2012 Recent cases of interest to labor & employment law practitioners.
Court properly entered injunction during unfair labor practice proceedings By Michael R. Lied Labor and Employment Law, March 2012 In the case of Lineback v. Irving Ready-Mix, Inc., the Seventh Circuit Court of Appeals decided a district court properly granted injunctive relief pending resolution of unfair labor practice charges with the National Labor Relations Board (“NLRB”).
National Labor Board rules that AT&T Mobility ruling does not apply in work contracts By Casey Harter and Madeline Moton Alternative Dispute Resolution, February 2012 The National Labor Relation Board recently made a controversial ruling that appears inconsistent with the U.S. Supreme Court ruling in AT&T v. Mobility a year ago. 
U.S. Dept. of Labor proposes child labor rules affecting agriculture By Craig J. Sondgeroth Agricultural Law, February 2012 The proposed rules were likely a result of recent child injuries and deaths in agriculture, including the 2010 deaths of two Illinoisans, ages 14 and 19.
Discharge for misconduct cuts off temporary total disability benefits By Michael R. Lied Labor and Employment Law, May 2009 A summary of the case of Interstate Scaffolding, Inc. v. The Workers’ Compensation Commission, et al.
“Last chance” agreement fails to bar retaliation claim By Michael R. Lied Labor and Employment Law, May 2009 Last chance agreements are relatively common in unionized work settings.
The Illinois Public Labor Relations Act—Who is a Supervisor? By John H. Brechin Local Government Law, August 2008 The recent decision of  City of Washington v. Illinois Labor Relations Board and Laborers International Union of North America, Local 231 examined this issue again in the context of determining who in the City of Washington’s Public Services Department were properly classified as supervisors.
Recent Supreme Court and Ninth Circuit decisions: Employment and labor decisions By Gary R. Clark Corporate Law Departments, July 2008 On June 19, 2008, the Supreme Court and the Ninth Circuit issued four decisions resolving key questions in labor and employment law which are summarized below.
Recent statutory developments in Illinois labor & employment law By Richard L. Samson and Matthew Levine Law Office Management and Economics, Standing Committee on, April 2008 This article discusses the amendment to the amendment to Illinois’ Right to Privacy in the Workplace Act, as well as most Illinois laws passed over the last several years affecting the employee-employer dynamic.
NLRB modifies recognition bar rule By Michael R. Lied Labor and Employment Law, February 2008 The time-honored way in which employees select a union representative has been through a secret ballot conducted by the National Labor Relations Board (the “Board”).
Union not entitled to employee e-mail addresses By Michael R. Lied Labor and Employment Law, November 2007 In Trustees of Columbia University, Case 2-RC-22355 (August 9, 2007), a majority of a panel of the National Labor Relations Board (“Board”) found the employer did not violate the law when it refused to provide the union with e-mail addresses of eligible voters.
Employer’s handbook rules discourage protected labor activity By Michael R. Lied Labor and Employment Law, March 2007 The lesson in Guardsmark, LLC v. N.L.R.B. is that it is important to review handbook language to assure that it does not violate Federal labor law.
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. 
NLRB issues major ruling on supervisory status By Keri A. Legg Labor and Employment Law, December 2006 In a major decision just issued, Oakwood Healthcare, the National Labor Relations Board (the “Board”) clarified the guidelines for determining whether an individual is a supervisor under the National Labor Relations Act (the “Act”).
What happened in Vegas is not staying in Vegas By Darrell Steinberg Labor and Employment Law, March 2006 The labor relations world is becoming aware of what Las Vegas already knows—that “card check” neutrality agreements are the new world order for union organizing.
National Labor Relations Board extends Weingarten rights to non-union employees By Bruce C. Beal Labor and Employment Law, February 2003 The National Labor Relations Board (NLRB), in a three-to-two vote, extended the Weingarten rule to non-union workers.