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Labor Law

Labor Law concerns the relationships between employers, employees and/or labor unions.

In large part, if an employee is a member of a labor union, his or her employment issues will be addressed through his or her union. Sometimes, however, unions and/or its members find it necessary to obtain private counsel. A union member may seek private counsel if the employee/member has an issue with his or her labor union’s failure to property represent his or her interests. In other cases, labor unions also choose to seek private counsel for assistance in the grievance/arbitration process. And, even if a labor union is not in the picture, federal labor law, namely, Section 7 of the NLRA, is implicated in a variety of scenarios regarding employee activities. If you have a claim that involves both both federal labor and federal or state employment laws, it is imperative that you obtain counsel to handle your federal labor law claim in order to maintain consistency and the viability of your employment law claim. Guarascio Law Group has represented a number of individuals who have an employment discrimination claim concurrent with a grievance arbitration.

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In most cases, an employer will have counsel to represent it at a labor arbitration. Unions should have the same advantage. Guarascio Law Group can provide competent representation during the grievance/arbitration process. If a grievant has a potential employment law claim arising from the same circumstances that forms the basis for the arbitration, it is crucial that the Union have representation at the arbitration to maintain consistency and preserve the viability of the grievant’s employment law claim.

Unfair Law Practices

Unfair labor practices can arise in a variety of circumstances and can be committed by both unions and employers. In some cases, although less common, a union will fail to satisfy its duty to fairly represent a grievant. In such case, a grievant may wish to have private representation when filing an unfair labor practice charge withe NLRB. More commonly, employers commit unfair labor practices in a number of different ways. For instance, employers are not allowed to coerce or threaten employees into not supporting or joining a union. Conversely, employers are not allowed to reward employees or make promises of benefits should the employee decide not support or join a union. Employees can address these issues by filing an unfair labor practice charge with the NLRB and may wish to have private representation through this process. It is particularly important an employee have such representation if he or she has a separate potential employment law claim. Guarascio Law Group has represented a number of employees though the charge filing process concurrent with their separate employment discrimination claim.

Social Media Activity

The recent rise in social media activity has led to some confusion in certain areas of the law and has been the subject of much litigation. The NLRB has issued a string of decisions regarding such activity and has provided some guidance on the interplay between Section 7 of the NLRA and social media activity. Employees are allowed to make certain statements regarding their work place and working conditions without being subject to an adverse employment actions by their employer. If you have been discharged, suspended, or disciplined in any way for you social media activities, you may have the basis for a meritorious unfair labor practice charge against your employer. Contact us to discuss the details of your case.