Federal News Network’s Post

Word Wednesday is here! Final Offer Arbitration (FOA) originated in the 1970s in the United States, specifically in the context of labor disputes. It was introduced as a solution to impasses in collective bargaining negotiations between public sector unions and government employers, where prolonged strikes or lockouts were not feasible due to the essential nature of public services. The concept was first applied in New Jersey, where it became part of the state's Public Employment Relations Act of 1974. The idea was to create a more efficient and fair arbitration process that would motivate both parties to make reasonable offers, thereby reducing the likelihood of extreme positions and fostering more amicable resolutions.

The optimist in me is hoping for some clear guidance on how the NLRB and the EEOC are going to navigate this NLRA/Title VII line. #NLRA #NLRB #TitleVII #employmentlaw #laborlaw

With Closing Loophole Bill amendments coming thick and fast, are your workplace law advisers keeping you up-to-date on how these changes might affect your business? Here's a great snap-shot from Special Counsel Brad Popple on the latest development.  #humanresources #workplacelaw #closingloopholes

The Government appears to want to close another “loophole” in its “Secure Jobs, Better Pay” laws introduced late last year – beyond the changes to the new intractable bargaining framework. In another amendment to the “Closing Loopholes” Bill, the precondition for protected industrial action that every bargaining representative for the agreement attended the compulsory conciliation conference conducted by the Commission is being removed. The new requirement will be that only those bargaining representative who actually applied for the protected action ballot order must have complied with the conference order. It is true that the current requirement is open to exploitation. One cannot help but wonder whether this is a consequence of the highly rushed timeframes by which last year’s laws were prepared and moved through Parliament, and limited public engagement. These lessons remain relevant to the current reforms. #fairwork #employmentlaw #employmentlawyer #closingloopholes Kingston Reid

In a year packed with significant legal landscape changes and high-profile labor disputes, it's worth a quick recap of what may be the top three developments so far. https://bit.ly/3Gnx6ob

ONE of the curious things about the Industrial Relations Act is the distinctions in the provisions dealing with trade disputes. The methodologies for dealing with them distinguish between "interests" disputes – disputes over things one of the parties wants to get; and "rights" disputes: disputes over things one (or both) of the parties thinks are theirs by right, as well as between a trade union and an employer. The distinction in the first case arises out of the creation of new or improved working conditions, and the second arises out of the application or improvement of existing clauses in an individual or collective agreement. It is worthwhile to remember that a collective agreement can be negotiated between two trade unions or between two or a group of employers. Read more from the Business Day magazine in the Newsday or on our website here: https://lnkd.in/e5nTmhK7

What happens when an employee refers a dispute to the CCMA or a bargaining council? The Commission for Conciliation, Mediation, and Arbitration (CCMA) and Bargaining Councils are important bodies in South Africa that handle disputes between employers and employees. When an employee refers a dispute to the CCMA or a bargaining council, employers need to understand the process and their obligations. This guide aims to provide essential information for employers in such situations. Read it here: https://lnkd.in/dwj5x9dS

Important case to follow

On Deck: Supreme Court To Review An Important Labor Case Concerning The Legal Standard For Injunctive Relief In Traditional Labor Matters https://bit.ly/3U9J6Sf #SCOTUS #NLRB #SupremeCourt

On Deck: Supreme Court To Review An Important Labor Case Concerning The Legal Standard For Injunctive Relief In Traditional Labor Matters https://bit.ly/3U9J6Sf #SCOTUS #NLRB #SupremeCourt