United States: NLRB Issues Final Rule Speeding Up Time Frame For Union Elections

On December 12, 2014, the National Labor Relations Board (“NLRB” or the “Board”) issued its long-awaited final rule amending its representation case procedures to shorten the time frame for holding union-representation elections and to require employers to provide more information about employees to unions. The final rule is the culmination of a process that began in 2011 when the Board first proposed wide-sweeping changes to the procedure for conducting union elections. The 2011 proposal […]

By | December 23rd, 2014 ||

Canada: Punching A Co-Worker Does Not Amount To Just Cause For Dismissal, Court Rules

Can your employee punch a co-worker in the face and avoid termination for just cause? The answer is yes, depending on how you handle the situation.

A recent decision of the Ontario Superior Court of Justice again raises the question of whether employers can effectively balance their duty to provide a safe workplace free from violence with the common law principles of proportionate discipline. In the Nov. 17, 2014 decision in Phanlouvong v. Northfield Metal […]

By | December 23rd, 2014 ||

United States: NLRB Rules That Employees Have A Right To Use Employers’ Email Systems For Non-Business Purposes

In a 3-2 decision issued on December 11, 2014, the National Labor Relations Board (NLRB) held in Purple Communications Inc. that, in most circumstances, employees have a right to use employer email systems for non-business purposes during non-working time. This decision reversed the NLRB’s 2007 decision in Register Guard, in which it found that employers could limit employee use of email systems to “business purposes only” and that employers could “specifically prohibit” certain email […]

By | December 23rd, 2014 ||