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• An Unnecessary Burden: How the NLRB's "Decisional Bargaining" Doctrine Has Ignored Section 8(d) ( May 2006 )
  

  The National Labor Relations Board's decisional bargaining doctrine, as it has evolved over the years, requires employers to bargain over the decision to transfer work out of the bargaining unit-such as through subcontracting or assigning the work to other plants-if it is theoretically possible that the union could make concessions sufficient to offset the economic benefits of the transfer. In applying this doctrine to employers who transfer work during the term of a collective bargaining agreement, the NLRB contravenes the plain language of Section 8(d) of the National Labor Relations Act (NLRA) by requiring employers to afford unions the opportunity to offer concessions, even where the necessary concessions could only be made by modifying provisions in a current collective bargaining agreement.

• It's 11 AM. Do You Know Where Your Employees Are?: Effective Use Of Location-Based Technologies In The Workplace ( March 2005 )
  

  Radio Frequency Identification (RFID), Global Positioning Systems (GPS), and Event Data Recorders (EDR) are all on the verge of becoming part of daily life -- outside the workplace. Wal-Mart, and other major corporations, including Proctor & Gamble, IBM, and United Parcel Service, are working towards the eventual replacement of the omnipresent barcode by RFID, a computer chip that transmits a unique radio signal identifier.

• Mergers and Acquisitions: WARN and the NLRA ( February 2004 )
  

  A goal of many M&A transactions is to create synergies by combining operations and eliminating duplicated effort. Often, such restructuring results in personnel layoffs or plant closings, implicating the Worker Adjustment and Retraining Notification Act (WARN), which Congress enacted in the mid-1980s to require employers to provide advance warning of certain mass layoffs and plant closings.

• Avoiding and Surviving Strikes in the Twenty-First Century ( August 2000 )
  

  This article reviews how companies have avoided and/or survived strikes by utilizing collective bargaining strategies.

• Employers Can Be Bound by Unsigned Collective Bargaining Agreements--Law Alert--Issue 63 ( March 2000 )
  

  This article examines two Second Circuit decisions that are contrary to each other and provides tips on how employers may avoid adopting unsigned collective bargaining agreements.

• Employment Law Alert: NRLB Restricts Challenges to a Union's Continued Majority Status ( March 2000 )
  

  This article summarizes recent NRLB decisions.

• Are Workplace Legislation and Judicial Protectionism Towards Employees Nudging Unions Towards Extinction -- Are Congress and the Courts Setting the Floor or Dropping the Bottom Out of Union Representa ( November 1999 )
  

  For approximately thirty years, federal and state legislatures, as well as the judiciary, have.

• When Should Employers Hire an Attorney? ( March 1998 )
  

  This article discusses the need for employers to hire management attorneys to assist them in their dealings with employees.

• Physicians' Unions: Handle with Care ( March 1998 )
  

  In the past two years, there have been a number of news articles, even a T.V. news segment, highlighting a new dri.