Workers May Choose Vacation or FMLA Leave

By Matt Morrison In 2007, Maria Escriba requested and received two weeks of vacation from her employer to travel to Guatemala to care for her ailing father.  When Escriba did not return to work at the end of her leave, the employer discharged her.  Escriba sued, alleging that her employer unlawfully interfered with her right […]

Grievance Process Killed Retaliation Claim

A recent decision on a Workers Compensation retaliation claim shows a hidden value for employer-union grievance processes.  In Macon v. UPS, No. 12-3080 (10th Cir. February 19, 2014), the plaintiff claimed that when he returned from a Workers’ Comp. leave, his supervisors began to scrutinize his work, wrote him up repeatedly, and repeatedly attempted to […]

The NLRB Reissues “Ambush” Election Rules

By Patrick Scully On February 5, 2014, the National Labor Relations Board (“NLRB”), acting this time with a full quorum, reissued its highly controversial 2011 changes to representation election rules. The proposed changes are the same as those the NLRB presented in 2011. The rule changes would: radically speed the pace of representation elections, eliminate […]