Colorado Employment Law Blog

Supreme Court Affirms Arbitration for Union Member Discrimination Claims

By Alyssa Yatsko and Tobie Hazard

A sharply divided U.S. Supreme Court recently ruled that provisions of a collective bargaining agreement that clearly and unmistakably require union members to arbitrate age discrimination claims are enforceable as a matter of federal law.  While the decision is unlikely to impact many employers, the ruling is the latest in a series of Supreme Court decisions finding arbitration to be a legitimate means of resolving employment disputes.  But before for you jump to the conclusion that arbitration is the preferred method for resolving your workplace disputes, consider legislation afoot on Capitol Hill that would ban mandatory arbitration to resolve employment claims.

9th Circuit finds SSA no-match letters do not lead to finding of constructive knowledge

By Christopher Thomas

Of Holland & HartLLP

This case arose from the response by Aramark Facility Services to a “no-match letter” from the Social Security Administration, which indicated that Aramark had reported information for 48 of its employees at the Staples Center in downtown Los Angeles that did not match the SSA's database.  Suspecting immigration violations, Aramark told the listed employees they had three days to correct the mismatches by proving they had begun the process of applying for a new social security card. Seven to 10 days later, Aramark fired 33 employees who did not timely comply.

Article On E-Mail Use in Unionized Setting

The National Labor Relations Board (“NLRB”) has been criticized recently for its rulings and interpretations of the National Labor Relations Act (“NLRA”) that, some believe, demonstrate an increasingly pro-employer bias.  The perceived pro-employer bias of the NLRB is seen by some as inconsistent with the NLRB’s charge to independently interpret and enforce the provisions of the NLRA and investigate and remedy unfair labor practices of private employers, which may involve union related situations or instances of protected concerted activity.