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Insight
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July 11, 2022

NLRB Reaffirms Regional Directors’ Discretion to Dismiss Election Petitions Absent a Hearing

NLRB reaffirmed that regional directors have authority to dismiss representation and decertification petitions if they determine there is merit to a ULP charge involving misconduct “that would irrevocably taint” the petition and election.

ASAP
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June 27, 2022

NLRB General Counsel Continues Push for Extraordinary Remedies

On June 23, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released Memorandum GC 22-06, relating to her efforts “to secure full remedies” in settlements with the Board.

ASAP
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June 22, 2022

Spring Regulatory Agenda Provides Roadmap to Anticipated Federal Rulemaking

On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. These semi-annual regulatory agendas outline federal agency goals for the months ahead.

Insight
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June 1, 2022

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

The appellate court dismissed an appeal, agreeing with the lower court that a football player’s action for damages against a physician for misdiagnosing his injury should proceed in superior court - and not in arbitration.

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May 19, 2022

Canada: Another Arbitrator Dismisses Grievance Disputing Mandatory Vaccination Policy

An arbitrator recently dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination practice was a reasonable exercise of management rights and responsibilities under the collective agreement.

Insight
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May 3, 2022

Connecticut Set to Enact Ban on Employer-Sponsored Meetings

On April 29, 2022, organized labor achieved a long-sought political objective when the Connecticut House of Representatives passed Senate Bill 163, “An Act Protecting Employee Freedom of Speech and Conscience.”

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April 22, 2022

British Columbia, Canada: Arbitrator Upholds Electricity Provider’s Vaccination Policy But Severs Discipline Aspect as Unreasonable

An arbitrator recently decided that the mandatory vaccination policy of BC Hydro was reasonably necessary to justify the significant intrusion on its employees’ bodily integrity and medical privacy - but the policy's discipline aspect was unreasonable.

ASAP
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April 19, 2022

British Columbia, Canada: Bill 10, the Labour Relations Code Amendment Act, 2022 Proposes Automatic Card-check Certification System

Bill 10, the Labour Relations Code Amendment Act, 2022, introduced on April 6, 2022, would make significant amendments to British Columbia’s Labour Relations Code.

Insight
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April 18, 2022

USDOL’s Proposed Rewrite of Davis-Bacon Enforcement Rules: Back to the 1970s

On March 18, 2022, the U.S. Department of Labor published a notice of proposed rulemaking in the Federal Register, calling for the most sweeping revisions to the rules governing Davis-Bacon Act enforcement since the Reagan administration’s 1982 reforms.

Insight
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April 13, 2022

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

An arbitrator in British Columbia held that an employer rightfully terminated an employee who was ineligible for work for refusing to receive a COVID-19 vaccine despite a government order requiring it.

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