Labor and Employment

NLRB Postpones Implementation of Posting Rule

By Robert W. Burns The National Labor Relations Board (NLRB) has issued a press release stating that its regional offices will postpone the implementation of the controversial posting requirement rule. This rule would have required all private sector employers subject to the Board's jurisdiction (which is almost all private employers) to post a...

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The Rules Governing Negotiations in a Post-Act 10 Environment

By D&K's School and Higher Education Law Team On Friday, March 30, 2012, Governor Walker approved the administrative rules that provide guidance to municipal employers about how to bargain over "total base wages," under 2011 Wisconsin Act 10. This Client Alert is intended to provide a summary and some practical information regarding these...

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WERC Issues Revised Union Election Rules

On September 15, 2011 the Wisconsin Employment Relations Commission (WERC) published final administrative rules regarding union elections required under 2011 Wisconsin Acts 10 and 32 after receiving Governor Walker's approval. These rules do not apply to public safety or transit employees. This chart below will help you determine when a union...

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NLRB Issues Final Posting Rule

NLRB Issues Final Posting Rule

By Bruce B. Deadman On Aug. 30 the National Labor Relations Board published a final rule requiring that employers covered by the National Labor Relations Act (NLRA) post a new notice advising employees of their right to engage in collective bargaining activity. The rule states that by Nov. 14, 2011, all NLRA-covered employers must display the...

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Attorney General Discusses an E-mail Walking Quorum

Attorney General Discusses an E-mail Walking Quorum

By James M. Kalny In the landmark case of State ex rel Newspapers v. Showers Wis 2d 77(1987), the Wisconsin Supreme Court first warned public officials of the dangers of engaging in a “walking quorum”—a series of gatherings among separate groups of members of a governmental body, each less than quorum size, who agree, tacitly or explicitly, to...

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The Perils of Social Media

The evolution of electronic social media presents numerous complications in regulating employee conduct which may cause problems for the public sector employer. Employers must carefully balance liability considerations with privacy issues when regulating an employee's non-work related communications on work-issued computers, cell phones or other...

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Attorney General Addresses a Town Chair’s “Google Group”

Background It is becoming increasingly common for elected officials to use electronic media such as websites or chat rooms to communicate with their constituents. While providing information or a forum to the voters is well intended, the sites and communications are likely public records, and the information exchanges may even constitute public...

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