Abstracts

Human resources and labor relations

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'Hardship' exception rejected

Article Abstract:

The Seventh Court of Appeals has disallowed hardship modifications to collective bargaining agreements, even when the hardship involves companies on the brink of bankruptcy. The court said that the employer could file a petition with a bankruptcy court and ask for relief from the contract. This situation can be contrasted with those in which companies subcontract or transfer workers to other locations; here, de facto modifications in agreements are possible because they do not specifically turn on wage issues. Company and trade-union officials should review cases in these areas, to assure themselves when collective bargaining agreements can be legally modified, and when such agreements cannot be tampered with.

Employment, Collective bargaining, Bankruptcy

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Can union members resign during a strike?

Article Abstract:

Can union members resign during a strike? The United States Supreme Court has said yes, a decision with significant ramifications for personnel managers. Unions have the right to discipline workers for working during strikes. However, the Court has ruled that they cannot discipline an employee who properly resigns from the union during a strike. This gives the National Labor Relations Board much more leeway in dealing with such situations. It also means managers should make sure that workers understand their rights and freedoms during a strike.

Officials and employees

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NLRB restricts internal union regulation

Article Abstract:

The National Labor Relations Board has handed down two rulings that limit the right of unions to force members to strike or to respect picket lines. Financial core members of a union cannot be compelled to follow union bylaws, the board held. In a second case, the board found that a union could not fine workers who crossed a picket line to work for a subcontractor that was not the object of the strike. The decisions free employees from some union obligations if they wish and limit a union's options when pressuring its members.

Economic policy, United States. National Labor Relations Board, Strikes

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