Jason L. Abelove


Employment

Scope of the National Labor Relations Act
Congress passed the National Labor Relations Act in 1935 to regulate transactions between labor unions or organizations and private employers. Enforcement of the Act rests with the National Labor Relations Board, its General Counsel, and its regional offices. The major duties of the Board are to investigate allegations of unfair labor practices and to ensure that they are stopped. The Board is also tasked with overseeing and certifying elections through which employees decide whether they will be represented by a union and, if so, which union will represent them. More...
Labor Unions
Many claims of breach of the duty of fair representation stem from a labor union's refusal to pursue a grievance on behalf of a union member. Despite the prohibition of invidious or hostile discrimination in representing its members, labor unions have significant leeway in the way they represent their members, including the handling of grievances. A union has the discretion to determine whether a grievance of one of its members is in fact meritorious or not. Dissatisfied union members whose unions have decided adversely to the members as to the merit of their grievances may bring lawsuits against the union for breach of the duty of fair representation. More...
Rights of Members of Federal Employee Unions
1n 1959, Congress passed the Labor-Management Relations and Disclosure Act (LMRDA) to protect members of private sector unions. The Civil Service Reform Act of 1978 (CSRA) and the Foreign Service Act of 1980 establish a number of rights for members of unions representing federal employees. The Office of Labor-Management Standards (OLMS), a division of the Employment Standards Administration of the United States Department of Labor, is tasked with enforcing and administering these provisions, as well as those of the LMRDA. More...
Unlawful Restraint or Coercion under The NLRA
the National Labor Relations Act) More...
Unemployment Insurance -- Financing -- Managing Debt
Despite complex tax schedules and funding strategies, there are times when a state's unemployment insurance fund will be insufficient to cover its costs. Typically, this happens during a prolonged recession, when claims for benefits are high and contributions to the fund diminish. Although most states rely on some type of solvency provision to prevent this from occurring, such measures are not always enough. More...

Areas Of Practice

  • Business Law
  • Discrimination
  • Employee Rights
  • Employment Discrimination
  • Labor and Employment
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