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vmiller MO

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vmiller MO
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  • It is not impossible to remove"work" or duties from the bargaining unit. However, one must first realize that changing the bargaining unit is not a mandatory subject of bargaining, meaning that the union does not have to bargain about changing the …
    in Confidentiality Agreements Comment by vmiller MO September 2002
  • If I understand your situation, the employee is a member of the union. Since the confidentiality agreement would become a term and condition of employment and since the employee could be disciplined or discharged for violating it, I believe that th…
    in Confidentiality Agreements Comment by vmiller MO September 2002
  • Since MO is still an at-will state and since the courts still hold that handbooks are not contracts that limit an employer's ability to terminate the employment relationship, you are free to discipline employees and/or new hires for refusing to sign…
    in Won't sign handbook Comment by vmiller MO September 2002
  • I do not disagree with the various comments. It seems to me, however, that everyone has been focused on whether the action is "sexual harassment." This is an important question, but there is also another aspect--prevention. The employer's obligat…
    in Is This Sexual Harassment? Comment by vmiller MO September 2002
  • Executive Order 11246 requires AAP for employers who have over $50,000 in federal contracts or subcontracts and 50 employees or more to have an AAP. 60-2-1 of the regulations state the each nonconstruction contractor must develop and maintain a wri…
    in Affirmative Action Plan Comment by vmiller MO August 2002
  • It is not unlawful "discrimination" unless the decision not to hire is based on legally protected status, i.e., race, religion, sex, age, ethnic or national origin, disability. Restraint of trade could be an issue, but that would depend on a host o…
    in Is it discrimation? Comment by vmiller MO August 2002
  • It seems that you have several related, but distinct issues. First is your substance abuse policy. Your company needs to make business decisions. It can totally ban alcohol as some of the other writers have suggested. You may also use the concep…
    in Policy problem, help! Comment by vmiller MO August 2002
  • The NLRB takes no solicitation rules very seriously. There are two aspects to consider when evaluating no solicitation rules: (1) the rule itself and (2) the application of the rule. The general rule acceptable to the NLRB is that an employer can …
    in No Solicitation Rule Comment by vmiller MO April 2001