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UAW strikes tentative deal with Fiat Chrysler

December 3rd, 2019

By Pamela Wolf, J.D.
If approved by membership, the contract would be the final one in the union’s pattern bargaining with the “Detroit Big 3.”
On November 30, the United Auto Workers (UAW) announced that hourly workers, both production and skilled trades, have reached a “proposed tentative agreement” with Fiat Chrysler Automobiles (FCA US LLC). The move [Read more...]

Scaffolding company’s failure to have ‘lifesaving skiff’ at job site was ‘serious’ regulatory violation

December 3rd, 2019

By Harold S. Berman J.D.
The company’s failure, in violation of federal regulations, to provide a life boat at a dock where its employee fell to his death was properly cited by OSHA as a “serious” violation.
An administrative law judge acted within her discretion when she affirmed OSHA’s finding that a company committed a “serious” regulatory [Read more...]

1st Amendment retaliation claim of Christian firefighter who objected to coworkers’ sexual behavior revived in part

November 25th, 2019

By Kathleen Kapusta, J.D.
The firefighter alleged that his coworkers watched pornography in communal spaces and engaged in extra-marital affairs at the fire station; in response to his criticisms, they responded with disrespectful comments about his religious practices and sexual orientation.
Reversing in part the dismissal on the pleadings of the First Amendment retaliation claims of a [Read more...]

OFCCP does not want any EEO-1 pay data

November 25th, 2019

By Pamela Wolf, J.D.
Effective immediately, the agency will not request or accept EEO-1 Component 2 pay data.
The Office of Federal Contract Compliance Programs has released its “Intention Not to Request, Accept, or Use Employer Information Report (EEO-1) Component 2 Data,” slated for publication in the Federal Register on November 25, 2019. Referencing the EEOC’s earlier [Read more...]

Lifetime health benefits had vested so successor employer must restore them

November 22nd, 2019

By Lisa Milam, J.D.
As a matter of contract interpretation, the retirees’ lifetime benefits had vested and survived the CBA’s expiration. The appeals court affirmed a permanent injunction ordering the employer to reinstate the benefits.
A successor employer could not terminate retirees’ healthcare benefits because the benefits had vested and so survived the expiration of the operative [Read more...]