Employment Law
| Arbitration -- Labor Disputes -- Preparing for Arbitration |
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| Once the pre-arbitration matters are attended to (such as choosing the arbitrator and scheduling the hearing), the disputing parties can begin the process of preparing for arbitration. This process can vary based on the existing relationship between the parties and the nature of the dispute at hand. There are, however, a number of common elements that are integral to the arbitration process, from establishing the jurisdiction of the presiding arbitrator to compiling a case to arguing for a particular remedy to the dispute. More... |
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| Sick Leave and the Americans with Disabilities Act of 1990 |
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| Americans with Disabilities Act Overview More... |
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| Labor Unions |
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| Many claims of breach of the duty of fair representation stem from a labor union's refusal to pursue a grievance on behalf of a union member. Despite the prohibition of invidious or hostile discrimination in representing its members, labor unions have significant leeway in the way they represent their members, including the handling of grievances. A union has the discretion to determine whether a grievance of one of its members is in fact meritorious or not. Dissatisfied union members whose unions have decided adversely to the members as to the merit of their grievances may bring lawsuits against the union for breach of the duty of fair representation. More... |
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| Labor Management Relations Act |
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| In 1947, Congress passed the Labor Management Relations Act (LMRA), also known as the Taft-Hartley Act, which amended the National Labor Relations Act primarily to impose certain restrictions on the activities of labor unions. The LMRA also imposed upon employers and labor unions a "mutual obligation . . . to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder." This obligation is known as the "duty to bargain." More... |
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| The Pension Benefit Guaranty Corporation |
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| The Employee Retirement Income Security Act of 1974 (ERISA) was passed in order to protect the retirement assets of employees that were accrued through employer-sponsored pension plans. In defined contribution plans, retirement assets are invested and will increase or decrease as the investments increase or decrease. With defined benefit plans, the retirement plan sponsor promises to pay a certain amount to a plan participant upon retirement, whether a stated dollar figure or an amount that is calculated from the participant's salary and time of service to the employer. More... |
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