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Brette Bensinger advises employers on new and evolving employment laws. She has counseled numerous clients on the implications of COVID-19 in the …

Showing 3 posts by V. Brette Bensinger.

NLRB Announces Three Proposed Rules, ULPs May No Longer Block an Election

On August 12, 2019, the National Labor Relations Board (NLRB) issued three proposed amendments to the rules on union representation elections. These three amendments, outlined below, would change the "blocking charge" policy, the voluntary recognition bar, and the rule on contractual representation clauses in the construction industry. More ›

School District Prevails in Title VII Retaliation case Filed by Basketball Coach

A high school girls varsity basketball coach sued a school district for gender discrimination after the school failed to hire her as the boys varsity basketball coach. The court found in favor of the coach and ordered the district to hire her as varsity coach for both the boys and girls basketball teams. More ›

National Labor Relations Board Issues Final Rules on “Quickie” Union Elections

On December 22, 2011, The National Labor Relations Board (the “Board”) is set to publish final amendments to the procedures for union representation elections. These final amendments ( “Amendments”) follow a heated debate with opponents claiming that the changes allow unions to “ambush” employers with union elections and force employees to make quick, uninformed decisions about whether to unionize. Proponents, on the other hand, hailed the Amendments as an effort to end unnecessary litigation and remove unnecessary delays in effectuating an employee’s free choice. Prior to the Amendments, employees have had at least thirty-two (32) days to consider union representation after an election petition is filed. With the Amendments, the regional director has complete authority to set the time-frame for an election, allowing for an election to occur in as little as ten (10) days after an election petition is filed. More ›

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