vmiller MO
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"Merit Shop" is a code name for non-union. Missouri has no requirement that a private employer has to advertise job openings. Of course, one needs also to consider whether their company is a federal contractor and must evaluate whether their hirin…
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Why? You have to provide this information under the law. Vance Miller Editor, Missouri Employment Law Letter Armstrong Teasdale LLP (314) 621-5070 [email]vmiller@armstrongteasdale.com[/email]
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Don: You are correct that there are limits. The U.S. Supreme Court, in NLRB v. Acme Industrial, 385 U.S. 432 (1967) held that the duty to furnish information "extends beyond the period of contract negotiations and applies to labor-management relati…
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Since you have a CBA, we must assume that the union is lawfully recognized and is the exclusive bargaining agent for the employees covered by the CBA. Under the National Labor Relations Act, the employer is obligated to bargain in good faith with t…
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Don D has expressed many of the problems that you face in this situation. Let me add a few other thoughts. 1. The constitutional right to free speach is a right against Government interference. It does not run to private employers. 2. The NLRA…
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As an attorney I urge you to contact an attorney about this issue. Each state has a different view of noncompetes. Generally, you have to have (1) a protectable interest, (2)be reasonable in time, (3) be reasonable in geographic location. Each of…
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All of the individuals who have responded have made good points. Let me add a different approach. I would bring this matter to the union's attention. I would tell them how upset we were. The shop steward is trained to know the contract. The sho…
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The general rule that the NLRB will approve for a no solicitation/distribution rule is: No solicitation during work time and no distribution during working time in work areas. Work time means when the employee(s) are actually at work. It does not…
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The web sites are a good starting point. Generally, if the purchaser is hiring all of the employees of the seller, then WARN should not be triggered. The statute and the regulations also allocate who would have to give notices in the event that no…
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Your question has a lot of implications. Are the two jobs equivalent? Is one a "supervisory"position over the second position? Are you filling these jobs from the existing employees, from nonemployee applicants, or both? Does your company have w…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-02-03 AT 12:09PM (CST)[/font][p]I have several clients in Missouri who have gone to this concept. Most are in the manufacturing industry. One of the major problems is the recruitment and retention o…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-02-03 AT 12:08PM (CST)[/font][p]Please do not confuse I-9 forms with IRS regulations. IRS regulations require that the employer submit the employee's SSN. The EEOC has consistantly taken the positio…
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In the grand scheme of progressive discipline, a verbal warning is normally the first step in the formal progressive disciplinary step. A verbal warning can be written because verbal means words. An oral warning is not written. The confusion init…
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Do not overlook the National Labor Relations Act. Although most people believe that the NLRA protects unions and union activists, the statute protects "employees" regardless of whether an union is involved. The statute's opening lines state that e…
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There is no "legal" requirement that your company have a handbook or even issue written policies to the employees. Your CEO is "legally" free to follow the path he is own. This does not mean that it is a good path, a smarth path, or even a practic…
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A good issue was raised. Do you have 100 employees in total and do you have 50 employees at the worksite or within 75 miles of the worksite if the worksite has less than 50. If the answer to any of these questions is no, then FMLA does not apply. …
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It is indeed important to check out MN state law. However, religion is a constitutionally protected activity. There are cases that hold that religious institutions can require religious activities of their employees. I have shorthanded this answe…
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In developing an AAP, I suggest that you refer to the regulations. 41 CFR Section 60-2.16(c) states "[When a contractor] is required to establish a placement goal for a particular job group, the contractor must establish a percentage annual placeme…
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Another suggestion is to change your handbook to read something like, "We expect all employees to be at work at their scheduled start time. Normally, employees, who clock in within 10-minutes after their start time due to unusual circumstatnces, wi…
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The concept of "protected concerted activity" in the nonunion context can include a "work stoppage." Thus, under the current NLRB interpretations, employees can engage in a work activity to demand additional holidays, vacation days, etc. It is thu…
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I agree with DonD. The exercise that your management is going through has a legal label--"Pretext." If they really want a safe period of time, wait a year or until there is a unexpected, substantial increase in business if the time frame is less …
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I know that this may be hard to believe, but I agree with DonD. It appears that your situtation is complicated by the fact that the employees invovled are represented by an union. If that is the case, I recommend that you notify the union so tha…
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You may want to contact the Federal Mediation Service. FMCS does have such programs and sometimes can be helpful.
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I agree with John Vering. In addition, it is in the interest of your company to investigate this matter completely. The investigation should include written statements from the witnesses and having the witnesses identify any documents that they cl…
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Why not simply say that "we have chosen another applicant." There is the doctrine that "No good deed goes unpunished."
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There is an approach you may want to consider. One of the functions of HR is to prevent the company from violating the law. You could point out to the "top management" that there there appears to be possible problem in pay and that you want to mak…
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try [url]www.leginfo.ca.gov[/url]. When that page come up, go to the button that says California Law and press the button. When the next page come up, check Labor Code and press search. You should then see an index to Cal Labor code with section …
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In adddition to the other comments, Missouri Human Rights Act (Mo. Rev. Stat. 213, et. seq.)prohibits religious discrimination. The act defines an "employer" to be the state or any political or civil subdivision, or any person employing six or more…
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There is a scene in "Dr. Strangelove" where the Russian Ambassador is explaining his country's Doomsday Machine. When the President asks Dr. Strangelove is such a machine is possible, Dr.Strangelove explains that it is and that it is a brillant wa…
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The concept of "prevention" is to create an environment in which claims of sexual harassment will not arise. Thus, there would be no one objecting to the conduct. If some one had objected, then by definition it was not prevented. What this all …