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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

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Entries in Union Avoidance (9)


Upcoming Events with Verrill Dana’s Labor & Employment Group

With fall in full-swing, our attorneys are busy working to provide more valuable resources for employers, HR professionals, in-house counsel and others interested in labor and employment issues through webinars and seminars. Please find more information regarding upcoming events below.

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The NLRB, Not the Grinch, Is Stealing Christmas

On Friday, December 12, 2014, the NLRB finalized its new rules governing union election procedures. These new procedures speed up the election process and shorten the time period during which an employer can educate its workers as to the pros and cons of having a union. While this administration, unsurprisingly, has been pro-union, what is disappointing is that in the name of having fair elections, the NLRB is implementing rules that have the opposite effect. The rules should be designed to ensure that employees can make an informed decision as opposed to a quick decision;  the new rules, however, decreases the likelihood that employees will be able to have sufficient information from both sides prior to voting. The NLRB has posted on its website a fact sheet that details the differences between its old procedures and its new procedures. Happy Holidays!


March 2014 Should Roll in Like a Lion: Department of Labor Expected to Roar Pursuant to Regulatory Agenda

The Department of Labor rolled out its fall regulatory agenda on November 26, indicating that it plans on issuing two high-profile and potentially controversial rules in March 2014. The first rule would revise the definition of spouse as used in the Family and Medical Leave Act (“FMLA”) and the second rule would expand reporting requirements for employers who hire labor relations consultants to combat employee attempts to form a union.

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President Obama Announces Plan To Make Controversial Recess Appointments To the NLRB

The firestorm surrounding the National Labor Relations Board ("NLRB") labors on - pun intended.   Between its rulings on employee use of social media and its promulgation of rules that speed up elections and require employers to post notices, the NLRB spent much of 2011 in the limelight.  That trend appears to be continuing in the new year.  

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The Pitfalls of Persuasion: Proposed Rule Changes May Limit Employer's Access to Legal Advice During Union Campaigns 

The Department of Labor (“DOL”) is currently considering significant changes to the Labor-Management Reporting and Disclosure Act (“LMRDA”) that may discourage some employers from seeking legal advice, or even prevent attorneys from providing legal services in some situations.  Specifically, the proposed changes would eliminate the “advice” exception to the so-called “persuader rule.”   The changes have not yet taken effect, and some legal organizations, inlcuding the American Bar Association, have come out against the DOL's proposed changes.

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Stop the Presses: NLRB's Notice Posting Deadline Delayed

Last month, we sent out an alert notifying you about the NLRB’s new notice posting rule. That rule required most employers to post notices on or before November 14, 2011, informing employees of their rights to organize, join, or assist unions. On October 5, the NLRB – in a surprising move – announced that it was pushing back the deadline for employers to post the notice. The new deadline is January 31, 2012.

Why the delay? Well, according to the NLRB the delay will “allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.” The NLRB did not announce any specific plans for “enhanced education” or “outreach to employers.” Additionally, there are no changes to the form or contents of the notice, and employers still must post in areas where they customarily post employee notices.

It is also worth noting that there are currently three (3) pending lawsuits challenging, among other things, the NLRB’s authority to issue the notice posting rule. Although the NLRB’s announcement did not mention these lawsuits as a factor, the delay will give judges in those cases more time to evaluate the issues and make rulings. If the plaintiffs in those cases prevail, the notice posting rule could be blocked before taking effect.