MONDAY MORNING MINUTE: January 27, 2020

Monday Morning Minute

In This Issue

NLRB Restores Balanced Arbitration Deferral Standards

EEOC Releases Detailed Information on Charges Filed FY 2019

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January 27, 2020

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MAGA: NLRB RESTORES BALANCED ARBITRATION DEFERRAL STANDARDS

Two days before Christmas, the National Labor Relations Board returned to its traditional standard for post-arbitral deferral overruling the Obama Labor Board's decision in Babcock & Wilcox, and returning to the longstanding deferral standard established by Spielberg Mfg. and Olin Corp.

The post-arbitral deferral standard is used by the Board to decide whether to defer to an arbitrator's prior resolution of a grievance concerning an employee's discipline or discharge that has been alleged to violate the National Labor Relations Act. In United Parcel Service, the Trump Labor Board concluded that the restored standard adequately protected employees Section 7 rights while promoting the federal policy of arbitration of disputes. Under the restored standard, the Board will defer to the arbitrator's prior decision where (1) the arbitral proceedings appear to have been fair and regular, (2) all parties have agreed to be bound, (3) the arbitrator considered the unfair labor practice issue, and (4) the arbitrator's decision is not clearly repugnant to the Act. In addition, the decision restored policies for pre-arbitral deferral established in United Technologies Corp and for deferral to pre-arbitral settlement agreements set forth in Alpha Beta Co.

United Parcel Service is one of numerous decisions overturning Obama Labor Board precedents issued in the two-week period before Christmas. Call any Spognardi Baiocchi attorney if you need help with your collective bargaining agreement or labor relations disputes.

EEOC RELEASES ENFORCEMENT AND LITIGATION DATA FOR 2019

On January 24th, the EEOC released detailed information concerning the 72,675 Charges received in fiscal year 2019.

Retaliation continues to be the most frequently filed charge with Disability, Race and Sex all about equal in terms of filing. Sexual harassment Charges saw a decline of 1.2 percent from fiscal year 2018, with 7,514 filed in 2019.

Retaliation: 39,110 (53.8 percent)
Disability: 24,238 (33.4 percent)
Race: 23,976 (33.0 percent)
Sex: 23,532 (32.4 percent)
Age: 15,573 (21.4 percent)
National Origin: 7,009 (9.6 percent)
Color: 3,415 (4.7 percent)
Religion: 2,725 (3.7 percent)
Equal Pay Act: 1,117 (1.5 percent)
Genetic Information: 209 (0.3 percent)

*percentages add up to more than 100% because some charges allege mulitple bases of discrimination

SPOGNARDI BAIOCCHI LLP is a law firm dedicated to partnering with companies of all sizes to address the full spectrum of legal concerns for its business. Our commitment is to find common sense solutions that fit each clients' unique situation to labor, employment, human resources and general business needs.

With over 50 combined years of experience among its 2 founding partners in these areas, we can assist businesses in developing custom solutions to today's tough issues. And as litigators, who combined have over thousands of trials "under their belts" before state and federal courts as well as administrative agencies (such as the NLRB) you will find no better advocate and partner.

For more information on the firm, please go to our website at www.psb-attorneys.com or Lisa at [email protected]

DISCLAIMER: All content in this Monday Morning Minute is intended for general information only, and should not be construed as legal advice applicable to your particular situation. No attorney-client relationship is created. Before taking any action based on the information contained herein, you should consider your personal situation and seek professional advice.