Jani K. Rachelson and Lisa M. Gomez participate in the faculty for the International Foundation of Employee Benefit Plans’ course on Essentials of Multiemployer Trust Fund Administration in Brookfield, Wisconsin.

June 4, 2018

Jani K. Rachelson and Lisa M. Gomez will participate in the faculty for the International Foundation of Employee Benefit Plans’ course on Essentials of Multiemployer Trust Fund Administration in Brookfield, Wisconsin on June 4, 2018. They will instruct on the “Legal and Regulatory Environment” and “Overview of Insurance for Funds, Trustees and Administrators”. 

Stephen B. Moldof to participate on a panel at the American Bar Association International Labor & Employment Law Committee’s meeting in Milan, Italy on labor issues in the global airline industry

May 10, 2018

Stephen B. Moldof will be serving as moderator/speaker at the ABA International Labor & Employment Law Committee’s meeting in Milan, Italy on May 10, 2018 on a panel titled “Industry Deep Dives: Aviation.”  The panel will address cutting edge issues in the global airline industry, with specific focus on the impact of low-cost airlines, recent developments involving Europe’s largest low-cost carrier, Ryanair and its highly atypical labor/management model, the impact of the expansion of the government-subsidized Middle East airlines, and the development of cross-border airline and airline union alliances/relationships.  The panel will include senior officials from Air France/KLM, the Air Line Pilots Association,  the VC (the German pilots’  union) and a leading European labor lawyer.

D.C. Circuit Agrees with New York State Nurses Association that Employer Committed Unfair Labor Practice By Ceasing To Pay Pension Contributions After Labor Contract Expired

May 4, 2018

On May 4, 2018, a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit enforced an order of the National Labor Relations Board (NLRB) holding that StaffCo of Brooklyn, LLC, the employer of a unit of registered nurses and nurse practitioners represented by the New York State Nurses Association (NYSNA), committed an unfair labor practice by ceasing to pay pension contributions for unit employees after its last collective bargaining agreement with NYSNA expired in May 2014.

StaffCo had petitioned the Court for review of an August 2016 NLRB decision, StaffCo of Brooklyn LLC and New York State Nurses Association, 364 NLRB No. 102 (Aug. 26, 2016), finding that StaffCo had violated the National Labor Relations Act when it unilaterally ceased making pension contributions.  The NLRB had cross-petitioned for enforcement of the decision, and NYSNA had intervened in support of enforcement.

In denying StaffCo’s petition for review and granting the NLRB’s cross-petition for enforcement, the Court rejected StaffCo’s arguments that NYSNA had waived its right to bargain as to pension contributions and had failed to diligently request bargaining, as well as StaffCo’s argument that it was impossible for StaffCo to make contributions because the pension plan would not have accepted them.

The Court’s decision is available here.

Cohen, Weiss and Simon LLP attorney Richard M. Seltzer represented NYSNA at oral argument before the Court.  Kate M. Swearengen was with him on the brief and represented NYSNA in the underlying administrative hearing.

Melissa S. Woods will participate in a panel for a webinar sponsored by the American Bar Association Labor and Employment Section.

May 1, 2018

Melissa S. Woods will participate in a panel for a webinar sponsored by the American Bar Association Labor and Employment Section on Tuesday, May 1, 2018. The panel, “Considerations in Handling Workplace Sexual Harassment Complaints: A Step By Step Approach” will feature experienced practitioners providing practical, efficient and effective tools and guidance to navigate a complaint from the first time you learn about the allegation through litigation.

CWS client New York State Nurses Association Wins Landslide Election to Represent 2,200 Registered Nurses at Albany Medical Center

April 14, 2018

CWS is proud to have supported client New York State Nurses Association (NYSNA) in efforts that led to NYSNA’s landslide election victory to represent approximately 2,200 registered nurses at Albany Medical Center in Albany, NY in April, 2018.  The election and win was the culmination of a three-year organizing effort by NYSNA.  Prior to the election, Governor Andrew Cuomo, ordered the New York State Labor Department to investigate complaints of intimidation, threats and coercion by hospital administration based on reports from NYSNA.  Information can be found at https://www.nysna.org/blog/2018/04/16/amc-rns-vote-join-nysna#.Wtjc0WeWxeU and
https://www.politicopro.com/states/new-york/albany/story/2018/04/14/albany-med-nurses-vote-to-unionize-364507.

Stephen B. Moldof presents on a panel at the American Bar Association Labor and Employment Law Section’s National Conference on Equal Employment Opportunity Law in Coronado, California

March 16, 2018

Stephen B. Moldof participated in a panel at the American Bar Association Labor and Employment Law Section’s National Conference on Equal Employment Opportunity Law in Coronado, California on March 16, 2018.  The panel, titled “The Future Direction of Employment Law: Is the USA moving further away or closer to the rest of the World?”, discussed how American employment law differs from many other countries and the impact of those differences on both employers and employees.  The panel also discussed different ways countries have addressed employment issues in the gig workspace and whether the differences in U.S. law and ideology will militate against, or even prevent, the U.S. from making any changes.

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