Court Rules Dixie Electric Violated NLRA
Volume 5, Issue 3
March 2016
DOL Issues Proposed Rule Requiring Federal Contractors to Provide Paid Sick Leave
If you are a federal contractor, it looks like your life is going to get a bit more complicated and expensive. On the 24th February, the DOL issued a proposed rule that will require federal contractors to provide employees at least seven (7) paid sick days per year. The full article by Jerry L. Stovall Jr. can be found here. 
Court Rules Dixie Electric Violated NLRA
Dixie Electric Membership Corp., an electrical utility in Louisiana was found in violation of the National Labor Relations Act after unilaterally reclassified two categories of bargaining unit employees as supervisors during the union contract term.The U.S. Court of Appeals for the Fifth Circuit said Dixie's elimination of two systems operator job categories mid-contract was an unfair labor practice regardless of whether the employees could properly be deemed supervisors. The ruling was consistent with the NLRB precedent that protects unions and the employees they represent from employer attempts to unilaterally shrink bargaining units during the life of a contract. Dixie argued that the employees, who were control room dispatchers were properly classified as supervisors. The court said Dixie's move to modify the bargaining unit's scope during the contract term without NLRB approval or consent of the local International Brotherhood of Electrical Workers violated the NRLA. 
EEOC to Uniformly Allow Bias Claimants Access to Employer Statements

The EEOC announced on February 18, 2016 that workers charging unlawful discrimination will be able to access their employer's position statement responding to the charge. This change will standardize a process that was previously decided on a case-by-case basis by EEOC field offices. The new procedures will also specify the time frame an employer has to submit their position statements to the EEOC, how long a charging party has to request a copy of the statement, what information is deemed confidential and how to separate private information into separate attachments. The charging party will have 20 days to respond to the employer's position statement. The employer will not be provided with the charging party's response during the EEOC investigation.  

Breazeale, Sachse & Wilson, L.L.P. Labor & Employment Attorneys 


  Rachael M. Coe

 Leo C. Hamilton