Issue No.1. September 23rd, 2005

Written by Stephen J. Cabot

Cabot Employment Alert

The United States Supreme Court on November 7, 2005, declined to review a decision of the federal court of appeals in Ohio, which found that the City of Cincinnati discriminated against a transsexual police officer, and awarded the officer $874,236.00.

The EEOC Speaks Out on Cancer

The Equal Employment Opportunity Commission (EEOC) has issued a new publication answering questions about people with cancer under the Americans with Disabilities Act (ADA). It's the 15th anniversary of the passage of the ADA and the EEOC wanted to celebrate by issuing new guidance. The full text may be found at: http://www.eeoc.gov/facts/cancer.html

Avoiding Debilitating Labor Problems

As a labor relations attorney who has represented management, I have created numerous programs to help prevent labor problems. The perception is that such programs are difficult to create and sustain, but it is no more difficult in unionized than in non-unionized companies. In both, management must commit to proactive, preventive programs.

Keeping Labor Loyal

As a labor-relations attorney who has represented management in its multifaceted relationships with labor with labor over the past 36 years, I have created numerous programs that help prevent labor problems from arising. While many people have the perception that it is difficult to creates and sustain such programs, it is not any more difficult in unionized companies than in non-unionized ones. In both instances, management must make an ongoing commitment to proactive, preventive programs.

Labor Costs and Red Ink

As a labor relations attorney who regularly negotiates union contracts on behalf of employers, I was surprised and somewhat skeptical when union announced after the 9/11 terrorist attacks that they would work with corporate American to ensure profitability during a period of national catastrophe. Sadly, my skepticism turned out to be an accurate assessment, for unions had merely been paying lip service to patriotic expectations. Since shortly after 9/11, unions have once again begun making unworkable demands and, in some cases, even threats that, if successful, could cripple numerous American companies, particularly those in such essential industries as airlines.

Labor Days

The perception exists that it is difficult to create and sustain labor programs. In fact, it is not more difficult in unionized companies than in non-unionized ones. In both instances, management must make an ongoing commitment to proactive, preventive programs.

Loose Lips May Still Sink Ships... Just Not as Easily

As of August 15, 2005 a new law gives Pennsylvania employers greater leeway when providing employee references. The new law grants to employers a conditional immunity from civil lawsuits for responding to requests for job references beyond the name, rank and serial number of the current or former employee. Prior to this new law, employers in Pennsylvania were subjected to lawsuits claiming defamation of character, intentional and negligent interference with prospective and current business relations and other common law torts, for providing seemingly innocuous information in response to reference requests.

Management's Role in Non-Union Companies

The number of unionized workers in the private sector continues to diminish, with estimates of no more than a fraction of the non-governmental workforce currently unionized. To maintain a productive workforce, pulp and paper company management needs to supplant the role that unions have played. Unfortunately, there are few companies with managers trained to supplant unions. That lack of training can be a significant detriment to a company's overall well being.

NJ Legislature Proposes Three New Burdens for NJ Employers

In June 2005, the New Jersey state senate passed, without opposition, a bill to amend New Jersey's Law Against Discrimination ("LAD") to add protections for certain employees. The bill, if passed as law, would amend the LAD as follows:

Reducing the Threat of Labor Problems

As a labor-relations attorney with more than 35 years of experience representing management in all facets of labor relations, I have emphasized to my long-term care clients that a written strategic communications action plan can be one of the most important steps to ending adversarial relationships with employees and reducing the threat of labor problems.