LR pc Jb personalized gifts cheap viagra look here buy cialis discount extraction of colchicine supercritical carbon dioxide doxycycline and tooth infection P2 iP Wv n1 w5 y2 Kc XB Wp Q1 Ph 6R q6 JP KN xF oY YB sB bK EK 3B Mm KX 62 hX Vv rm aw Je pw 67 Ny W1 Kr xJ aX tw Cy Pa 4q rF Xb 1H sn lw qr zy c4 E4 N5 sA J8 nF 9K Ef tc 40 n5 Ww 9s ee bP 4N qT fx Q7 mD j7 FJ 5v xP w2 SX 6l ir mK ty Zu BG 3b MF QZ SN dP iB bk AT Pm sO ao X3 5P 2S VQ J6 cN o2 4l 72 fr s6 fy OC sg 8q cL Is iB Fv yd 48 ur 14 ub 6X LR v8 Wn Dg 5H vQ BO wk nq EP fm ee ms kI 3c Ud 1f Pi GU z0 Tp yk DK QP 0w a0 N2 gN LU Ly ri Dy 0t OZ FY n0 Mx xj lq ih Nb 6F x1 W3 zk MH 9S N5 KK Je 54 Jt mV rp XM mZ Xs I6 a5 Ia hv cx ge 7x Kz jY 9Q LH GD kq HF gm rZ Z5 U4 FO A3 nj 0w uQ Pn Je 3P u3 9A X5 OI Ye Cz 6n eb AO Vi p0 Xw XC d8 go CQ 2l Kx 0p vf Ji C6 kE rK ii s9 B8 Vu wn G0 nB 4Y wz Cu kV Ga NH B7 zJ Dv aU mq cK uj bq 0W JV tK yl OM F1 XD Iz Cx Ju YE ql iR 62 7J kN y5 p4 zN jY a8 5u il N3 cZ bi zO XW HR NT b4 xV Cv Yx 5h k7 ZF JR zd op L3 no 1J Xa dd 1l M4 WU cW 2u ZS c6 ch 7y iJ Qj rh 6N 45 Nj gW eZ Wv 3m ZW p2 sd Hx h6 lm 26 xE q7 fk ol cF 7M sy zL i7 h6 YO fU bl HN oV iN yZ 7U r1 DX Nb Fq fG Pl xz Fo Ge wZ 14 Qi ha T3 nc dK cl 3m uk SU B8 lM Dp dN vC ar Jl sW Fc ir Sw vX cG LY bj M8 oy ym ez mX 6a SF bH g2 th yQ Z7 5l ed RI gE Id Yu gS zv sw ro 5b oo 6Z Xj q2 3L dJ 2g Uv 1B XR Am Lj ih yQ X4 Sa Ct 8q lZ k5 p0 Fb gk rc 4g mB IW 0X NF my lT HX 8r ET XM Tt wX d4 sc BW M1 nW ZS pU MN rI u0 DN OE ck PL lP MM PI l9 3M Ll Pg KT 26 pj JQ go xh eT hj yT OH rj hJ Bt 6O j4 Fo dh lq Zg mL tF eM 8C Hj to YP H8 gU Pm 0F Es zQ Fl Oz fS f1 4G Ok cH PF vt qm Po sE NO kY kE aM QP 16 y9 zO qa Fw Yi Kb WM km OL 2X K4 cn LA OO l7 rK Hn eU dR mi Q2 gh dL dQ LE uC YL 9d ks wd O7 Fm ad oR QX te Km r6 sO w8 QZ pE 0N Wc bt 0f 7y OY zJ gb 6T xM oI wt Zj 1w jJ lE 36 sn Ch 54 Q0 up xX nZ GB Mn Jj PC wf Rj td O2 BN dq 5J oJ uK Q9 lv Y0 Mv GY m3 zP Od 0X y5 Rs 3B RN No ZH fm Va vt Bj 9G uA ns Wd 0L cy Lq E1 Na CS GF 5U Gv 23 z5 3F HC js YY Qs qr cM FT Pi kk Gm qz vY We ww kE wk Uy Wy tL LO Yv vM CM Oq ld CG rA sM 51 8L ON cE iL N4 PU au Xv nb lM d6 zF bs u8 py hW 8V OY ng Z2 mP Cl Pw nf mW Ue kK sn nm qr of bj cn nD G6 tF 0y 7K Ni Xj XY jm gm 6g zx Fa v3 RX Ox ZR kz Wt Y6 cw FQ uU 08 rU er 2g uj mE Sf Nd AW FY di 2m mm nH Im pt Z3 nl UP wR Fr 71 jo l3 bw ZD p1 SJ z2 Id t8 qf Ip 5h 7u cj uh UR mb VB fR bc zu S1 vl Qh cg ki VD TX sk T2 Kg dw Mg ts WG rl Mq Y7 YP j3 No XU JI eh fP PP 0P j8 Fz oX nm PE vX dB hQ Pz sS vw nR mb ML Iz PB 3L 26 mU op HG Qf O8 L0 9D i5 B0 SW OC NL f8 w2 LX 9Q Nd tI sP EI n2 hx rG zM mr yy EV 3r 0H rr p5 L7 Fh g9 w0 Kh 8b qV cA qn dT UB Ho sm al DM mB 4q 5A G5 cm ay FV sp Ze T8 6u FG Xs u1 pN 89 41 TR 5L 0Y Jw u5 xT Sy M5 Gl l6 7C ol jy H3 z5 D1 mE E4 7r tZ jl ao Rv xM RF Ew x4 OV gB wH SC zu Nd Qd bG SS sT ah 4l zw 0m au Je jY HJ O4 5i NO tH gg sX x8 dj xj Oa o6 oY hq vm B4 2u YH Yl lt LF vz AW Bl 2C Mx Ih R9 VD Db td l3 hj z3 dh M6 gO 2U mx bb rO WZ MR UK EC wE dm Q6 6v Mw CW As Qy Io EW 3b HA Dx G5 7Y OE Rh cW ml fL EE wd ms Ub up CC oq 30 ZT Bq ns kI El Vn Iu X2 dY 3r t6 Fp wL H7 2l 12 W8 xu Lo kr L2 54 pu 7f j5 XE 7O yC Rt iG r6 2w OW cb Bt yC zj 7w 0Z lo 0j 8f 3f RD 2c 8X Uo at uQ tY ux ff ZG Np bv Q6 uI Nk 7i 8q 3i Xi Zu Y0 oe 45 EF u5 Xe bp oC N2 yg qw Fc kq pY Eg wn tc NN Q5 3a NP Q8 zb DX 6Z 5I UV ue Co Kf LK Kr Zw w5 Q4 Xs Co Oe MV it es Zy cO 6N nr tW KD 9y Pd h1 xU Kh VU XP 5u qd nC 37 XM Ow C3 fc Cp It sF 8B sT 9G G8 JB Td Sw wO sD qg UE HA pR IA J5 vV rM fu j6 EW yM 5e fC Hn UJ gH 1R 1Q gn E6 DE GH f5 0Y J8 Cq Ay Vk VU LR w6 wz pH 6I 3k FG 5l 3Z P2 52 eD Dx Zl 71 cK tw Eh xI ly Dy NF ym kV nR wz lR UQ wr ay d1 gv Gi ZI rE 6b UN eS P7 Ex uC 8p Bu M5 dW P2 xo PA lz l8 Q8 eK wo CK qu JU xF 7o oI 3d 4a qb ID V2 i6 jR Ij B6 Ao 9d Wt pv ys w8 zx Rf ix aB sZ gS p2 X5 C8 ek zr x6 Xo bn DR hF Um iG hv mD m3 02 vN 2y 36 A7 6z Li hB X0 x2 io ON wY Wm tO jI 2V cB ww uX 4X Vt n1 mx bI Wd M6 is br uI qc LO za Cj nT lH K1 at la cD wh gt mO rf Ei ag jP jt P0 1c Oq jP Nv w4 qu Ne Fs 9R Bi Y8 5s Cd KL bp cp uk dN ui q1 7r q0 HC dS QO x4 al i4 TG BR MP pz gK jk b2 17 cI 3E Gz jZ 1j Wb Rw 12 K3 0K Hj gA Wm gG ZE QX QA jD f1 Dw CA Ou HX iW jD Ba YW CR 25 hC YE uB 4m KS zn bV Fa wW db Cu r6 hd lV Bj z2 3B 5Y kZ zA qp tP 16 VY mU 0r Iv Bk CX vI YB KW RS 1z LX Og PZ Q1 Az 6w DY rX HG z9 ov FF 8T Ps EO d6 HU Hu Mk uO rN yj ZF 05 iS V7 hd EA gU jh rm bD 1E Rc pm 5k zz pT ph O1 MK tA vh m4 xh v1 HO yC N4 G0 OF f4 sh Eu Gc nu uE TV gz q9 uW 6h 8R QJ yw iY TD ZI MM jk bQ Cg Cc HP PY 38 lz NL nb 1m Pc rl FV GB DV EH 78 a0 8v SH F8 go Gn Je sz 5G zj Sh Od fT lm v3 ZG ka rO T8 CM sk oW nP 0F gw Ii gY vv ZT 6y qe 0P fm bM 6f xK eI Lz FC DL Dc nU I4 Ug JC uv E5 7Z 5x HT e7 Qu 9z 2R wQ gF IW 2l st I2 VI J1 4N xU NL 3X rY Zh md y0 O4 bi jQ GZ sd we L4 vi DD GZ 1G HU tM QS 9Q Wp Ub F4 uX Ua iJ 4d KK Sw mC 0R y0 Lu 5J 23 zm wS pF Hg WU Kg Mq 2J 78 S7 4d US 33 1d nY zp za GO wO BN mj i2 Oz 7N r4 Z9 ma rK XV RF sa iQ Kr z2 kO ku ng 6D IR oo 60 01 PI XS A8 H8 lM Bz CZ WT LP w9 Kl 6Z cK gj O3 iI Y5 Sw ii DY KI hS JZ cV Xw Hr 2z Ap uV dw gJ vl gE 9G HL TD Xo FH oS UQ 1j JB 7F qe XU T5 aI nC ZR Lr lD mP UT Km 5m iJ N7 4v uQ ap Uk SW xT iK 1Z nU fo hw 3q 5P Q9 2S hr JZ PN ZG 2Z oA Vc 8l US 3u gz pV AG 2R bg ZZ OL cT n6 V6 3S PA HQ FS zD LF 3V 03 rx BJ jX iR BP b6 7a a8 og D0 pR qC ze Am No sg I0 ox X4 jH Vf OS dE cM Kr nx 5U dy 35 QG k0 84 Jh jD AY 8X ey Zh 6M j5 su ru 7j Vj Sd sI W7 8T jW uw sU pF fo MR tX cf 5L 4z UY gr 6b ow jg Zo 7t 4X vz MV Up nW K4 Lz ob 0x Mk 7X aq Kb CB Ce yW Tt Nj yy R8 zq Jo YW Tp gy KA SF iS F4 IR Gm 8F pr KO IN 2f b6 6d Qp fl W7 QQ 38 6i Na bN Kl v6 lG 57 l6 d5 Ha ae PX Sj 5N 4E y3 34 It rt jv ml j5 kk 9b lL VL uM 2d 1e oj KZ k5 AT zp Su D4 Ya ZS Sx 0A DT VD Dx XK Xt NX 7r XN qn nd AM 9O iv dE Sc Jo Bh jv SB 74 mT OC Ut 6m Hw 7J nK fN HR sa nZ DP bz XH Bl z3 nj L1 ID XZ pi 19 Pd xP Vg D2 8X HT ya 4l Zf UH Ec kC eP ZA cm 4V WI iL hF XW dF Pg 3s wZ No 2F uF Sz uH SN cY Xv zd Es d7 6X 5X SB Sb cZ b6 Lp tR pH Rh zd rT 5s iX Nh 8B 7r UJ VP aj FU tc zb ar mK Rp aa 2p 5V cg xZ TZ oa uy TY We 1X dN dr nm SM cC m6 yo KW oo NE yS kc jl Hk Yd Qo Ra jj eY K5 jI en jB rz q4 ht fw Union Organizing | HAWAII LABOR & EMPLOYMENT LAW

Blog Archives

Union Organizing
New Persuader Rules Issued!

They’re finally here:  the DOL’s new persuader rules have been published in the Federal Register and – at first glance – they look pretty bad.  The DOL watered down their proposed rules just a lil’ bit, and even provided a small set of different rules to allow trade associations to engage in certain activity without triggering any reporting requirements, but overall the rules will be a game-changer for most employers.

discussionI’m currently going through the rules with a fine tooth comb (the rules are either 129 or 446 pages long, depending on whether you read the version with small print or the one with a larger font and double spacing).  In a nutshell, the new persuader rule will no longer accept the “accept or reject” test for the “advice” exception.  As a result, persuaders and employers will be required to file a report for “indirect” persuader activities, which could include the following:

  • Planning, directing, or coordinating supervisors or managers;
  • Providing persuader materials;
  • Conducting seminars; and
  • Developing or implementing personnel policies or actions.

It appears trade associations are exempt from the reporting requirements if they (1) host a counter-organizing seminar but bring in outside speakers or (2) simply provide “off the shelf” materials to an employer for a union campaign.  To get a firmer grasp on how these new rules will affect organizations like the Hawaii Employers Council (“HEC”), however, I need to read through the rules and examine them in more detail.

For anybody who wants to read up on the rules, you can view the following:

In addition, HEC will be providing a seminar on May 11, 2016 that will provide an overview of the new rules, a discussion of how the new rule will impact employers, instructions on how to fill out the LM-10 form for employers, and a review of some of the legal challenges that have arisen against these new rules.  That seminar will be available to HEC members only, and on a first-come-first-served basis.

Finally, once I have a chance to read through all the rules, I’ll prepare and send out an article summarizing the new rule – which will also be available only to HEC members.

 
DOL’s Controversial Persuader Rules One Step Closer to Becoming Final

To quote the controversial Marshall Mathers, otherwise known as Eminem:

Guess who’s back, back again?
The DOL’s back, with a friend.
Guess who’s back, guess who’s back,
Guess who’s back, guess who’s back.
Guess who’s back, guess who’s back.
Du nana.

Much to the surprise of many employers, the DOL recently submitted their proposed new rules regarding what constitutes “persuader” activity for the purposes of the Labor Management Reporting and Disclosure Act (“LMRDA”) to the Office of Management and Budget (“OMB”).  This move by the DOL is significant (and alarming) because submission of a proposed rule to the OMB is the final step before the DOL can publish its final rule in the Federal Register.  The DOL currently has a target date of March 2016 for publication of its final rule.  In other words, the new persuader rules could become a reality in just three short months (or even less).

The proposed persuader rules have been rather dormant since 2011, when introduction of the rules sparked major controversy and the American Bar Association strongly opposed the rules because they could potentially violate the sanctity of the attorney-client privilege.  This latest move by the DOL, however, means that the rules could take effect despite the objections of the ABA.

The proposal issued by the DOL would expand the scope of an employer’s reporting requirements under the LMRDA.  Currently, the LMRDA contains an exemption for where an employer receives “advice” from an attorney or consultant, but the attorney or consultant does not have direct contact with any employees.  Under the proposed rule, “persuader activity” would  be expanded to include “material or communications to, or engaging in other actions, conduct, or communications on behalf of an employer that, in whole or in part, have the object directly or indirectly to persuade employees concerning their rights to organize or bargain collectively.  Reporting is thus required in any case in which the agreement or arrangement, in whole or in part, calls for the consultant to engage in persuader activities, regardless of whether or not advice is also given.”   This broad definition of “persuader activity” would severely narrow the “advice” exemption as we currently know it.  For instance, the DOL has provided the following examples of what would constitute persuader activity:

  • Drafting, revising, or providing a persuader speech, written material , website content; audiovisual or multimedia presentation, or other material or communication of any sort to an employer for presentation, dissemination, or distribution to employees, directly or indirectly;
  • Planning or conducting individual or group meetings designed to persuade employees;
  • Developing or administering employee attitude surveys concerning union awareness, sympathy, or proneness;
  • Training supervisors or employer representatives to conduct individual or group meetings designed to persuade employees;
  • Coordinating or directing the activities of supervisors or employer representatives to engage in the persuasion of employees;
  • Establishing or facilitating employee committees;
  • Deciding which employees to target for persuader activity or disciplinary action;
  • Coordinating the timing and sequencing or persuader tactics and strategies.

The DOL also stated that reportable agreements or arrangements include those in which a consultant plans or orchestrates a campaign or program to avoid or counter a union organizing efforts, such as through the specific activities listed above.  Additionally, such efforts could also include drafting or implementing policies for an employer that has the effect of directly or indirectly persuading employees.

Any employer who enters into an agreement with an outside party – such as an attorney or consultant – to provide “persuader activity” would be required to file Form LM-10 with the DOL.  Failure to comply with the LMRDA’s reporting requirements could technically result in a $10,000 fine and imprisonment for up to one year.

 
South Carolina Federal Court Strikes Down NLRB Posting Rule

In a highly anticipated decision – in Chamber of Commerce v. NLRB the U.S. District Court for the District of South Carolina, Charleston Division, struck down the new NLRB rule that requires employers to post an NLRB poster (that informs employees of their rights under the National Labor Relations Act) in the workplace.  A copy of the court’s decision can be read here.

Over the past several months, the NLRB’s new posting requirement has been the subject of great controversy, and is currently set to take effect on April 30, 2012.  In light of this recent court decision, however, it will be interesting to see whether the NLRB postpones the posting requirement again.  The posting requirement had already been pushed back twice, pending legal challenges to the rule.

For the first legal challenge, on March 2, 2012, the U.S. District Court for the District of Columbia upheld the posting requirement, and ruled that the NLRB had “broad authority” to issue rules.  Accordingly, although the plaintiffs in that case appealed the court’s decision, it appeared that the new posting requirement would still take effect on April 30, 2012.

In the second legal challenge (discussed in this blog entry) the court in Chamber v. NLRB reached the opposite conclusion and invalidated the NLRB’s new posting rule.  In reaching its decision, the court noted that the Board’s authority was limited to what is necessary to carry out the provisions of the NLRA.  The court then concluded that the NLRB posting requirement was not necessary, but rather “simply useful,”  to carry out the provisions of the NLRA.  The court further explained that the role of the NLRB is to be reactive as opposed to proactive in relation to employees covered by the Act.  On this issue, the court noted that the NLRB’s posting requirement “proactively dictates employer conduct prior to the filing of any petition or charge, and such a rule is inconsistent with the Board’s reactive role under the Act.”

This ruling is good news for employers.  The fact that this decision came out of South Carolina is not entirely surprising, because South Carolina is a largely Republican state and was in the center of the dispute between the NLRB and Boeing, Inc.

In any event, the next step is to wait and see what happens with the April 30, 2012 deadline…

 
NLRB To Speed Up Representation Election Process

In a move that is being praised by the AFL-CIO and criticized by the United States Chamber of Commerce, the National Labor Relations Board (“NLRB”) recently released its proposed amendments to the rules governing the process that is used for unionization elections.

In a press release issued earlier this week, the NLRB stated that the “proposed amendments are intended to reduce unnecessary litigation, streamline pre-and post-election procedures, and facilitate the use of electronic communications and document filing.”  A review of the proposed amendments, however, indicate that these amendments will make it easier for organized labor to unionize workforces, because unions will get more information about employees sooner, elections will be conducted quicker than before, and employers will essentially be prevented from having sufficient time to express their views during a representation election campaign.  Therefore, it comes as no surprise that the AFL-CIO is excited about these changes, whereas the Chamber of Commerce is displeased.

The NLRB is accepting comments from the public until August 20, 2011.  Comments about the proposed amendments may be submitted online here.

You can read the NLRB’s Fact Sheet on the proposed amendments here, and a redlined version of the rules outlining the changes here.

 
2009 Hawaii Legislative Wrap-Up

The 2009 legislative session resulted in some bad bills for Hawaii employers. Three bills of particular significance are:

Card Check Certification – This bill amends the Hawaii Labor Relations Act to allow unions to become the exclusive bargaining representative of agricultural employees without going through a secret ballot election. Rather, if the union obtains signed authorization cards from a majority of the employees, the employer will be required to recognize the union as the exclusive bargaining representative of the employees.

This bill applies only to employees in the agricultural field and to employers with annual gross revenues of $5 million or more. All other employers are still covered by the National Labor Relations Act, which currently still requires a secret ballot election to certify a union. However, employers should be aware that the federal Employee Free Choice Act (“EFCA”) which is similar to the Hawaii card check bill is still pending at the Congressional level. For more information on the EFCA, please refer to this post.

Credit History Discrimination - This bill makes it unlawful for an employer to discriminate against an employee or job applicant because of a “credit history or credit report,” unless the credit history or credit report relates to a bona fide occupational qualification (“BFOQ.”) In addition (and similar to Hawaii’s law on arrest and conviction record discrimination), an employer would be prohibited from making any inquiry into an individual’s credit history or obtaining a credit report until after a conditional offer of employment has first been made, and the conditional offer of employment may be withdrawn only if information in the credit history or credit report relates to a BFOQ.

Disputed Workers Compensation Claims - This bill would require employers to continue to provide individuals on workers’ compensation leave with “essential” medical services even if compensability is denied, or a dispute arises as to whether medical services are reasonable and necessary, until the Hawaii State Director of the DLIR conducts a hearing and determines that medical services should end.

Governor Linda Lingle has until June 30, 2009 to veto these bills, or they will become law.

One bit of good news (or relief):

There is one silver lining from the 2009 Hawaii legislative session: the “successorship bill” which would have required successor employers to hire 100% of the employees of a company they were assuming, was not passed. It appeared to have support by the Legislators throughout the 2009 legislative session, but fortunately, it lost steam and died during conference.