Category: Employment Law

Scott Lepak to Present on Police Arbitration Reform to Minnesota State Bar

November 12, 2020  |  Barna, Guzy & Steffen, Ltd.

On Friday, November 20, Barna, Guzy & Steffen attorney, Scott Lepak, will co-present a one-hour program on the practical impacts of the new Minnesota Police Accountability Act in the arbitration process. The program, which is sponsored by the Minnesota State Bar Association as a part of continuing legal education, will be held online beginning at noon. Lepak, who is also the Deputy Commissioner of the Bureau of Mediation Services, will discuss how the legislative changes are impacting the agency, how they select the panel of arbitrators, and the rulemaking needed for the process. Immediately following the main presentation, Scott, along with attorney/labor union arbitration specialist Gregg Corwin, will share strategies for advising clients in this area, as well as examine the questions that are left unanswered in the wake of these changes. Both presenters are experts in legal arbitration and will offer insights on what to expect from this new process. To reserve your spot, visit https://www.mnbar.org/members/cle-events/event?EventID=4256 The deadline to register is 2pm on Thursday, November 19. Barna, Guzy & Steffen has an outstanding team of labor law professionals available to talk to you about your specific needs. Contact us today. We look forward to hearing from you.

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BGS Attorney Scott Lepak to Present on Labor Relations from a Pandemic Perspective on November 10

November 5, 2020  |  Barna, Guzy & Steffen, Ltd.

COVID-19 has raised new questions and concerns for employers everywhere. To help owners understand and address these unprecedented circumstances, BGS Attorney Scott Lepak will be co-presenting a free, one-hour webinar on labor relations from a pandemic perspective at 11 a.m. on Tuesday November 10, 2020. Sponsored by the League of Minnesota Cities, this webinar will explore how to avoid common pitfalls while successfully leading and managing employees during a pandemic. The free, hour-long session will address best practices in the following areas:  Understanding how to establish and maintain management rights Exploring common mistakes when responding to grievances and ways to avoid them Reviewing ways to respond to unfair labor practice claims Learning negotiation skills and how to manage critical workers during a pandemic To register for the webinar, go to: https://www.lmc.org/learning-events/events/league-events/free-webinar-labor-relations-practices-from-a-pandemic-perspective/. Scott Lepak authored a treatise of the Minnesota Public Sector Labor Law and is one of Barna, Guzy & Steffen’s highly knowledgeable and experienced labor law attorneys. Our talented team of business law professionals is here to discuss your specific needs and provide innovative legal solutions. Contact us today to learn more.

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Disciplining Employees in a Newly Unionized Setting

July 17, 2020  |  Scott M. Lepak

The time after a union is voted into place and before the parties have entered into a collective bargaining agreement is often viewed as a period of great uncertainty. It is typically a time of considerable posturing as the employer and union seek to establish their respective authority as they work through this new relationship. There is often disagreement on what constitutes a management right (that does not need to be negotiated) as opposed to a mandatory subject of bargaining (that must be negotiated). Read on to learn more about disciplining employees in a newly unionized setting. A typical disputed area is the employer’s right to determine how to discipline employees before a first union contract is finalized. This area received significant clarity from the National Labor Relations Board (NLRB or Board) on June 23, 2020, as it applies to private sector employers.1 In 800 River Road Operating Company, LLC d/b/a Care One at New Milford and 1199 SEIU, United Healthcare Workers East, 369 NLRB No. 109, the Board issued a decision stating that upon commencement of a collective-bargaining relationship, employers do not have an obligation to bargain prior to disciplining bargaining unit employees in accordance with an established disciplinary policy or practice.  This Care One at New Milford decision significantly and specifically…

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