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Noel Canning Wrinkle Leaves Tenuous Worker Discipline Rule


Jim Walters was quoted in Law 360 on July 31, 2015. The article “Noel Canning Wrinkle Leaves Tenuous Worker Discipline Rule” analyzed a National Labor Relations Board judge’s ruling that a Washington home care company was wrong to discipline employees in the interim period between union certification and contract approval without first bargaining underscores a growing divide in the application of a standard left in tatters by the high court’s Noel Canning decision.

Jim offered up one solution for employers and unions that are functioning in the interim period: a mutually agreed upon interim grievance procedure.

He said he wasn’t sure how widespread something like this gets used — the duration of an interim period various vastly depending on the situation — but he’s found it useful.

“It’s a good steam vent,” Jim said.

Without it, companies and unions might unnecessarily find themselves in dispute before the NLRB or even in court.

 They "end up getting the same thing with a lot more expense,” he said.

To read the full article, please visit Law360.

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