By James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Numerous business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the Agency’s new walkaround rule. The suit, Civil Action No. 24-271, was filed last week in federal court in the Western District of Texas
Continue Reading U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround RuleBy Robert A. Fisher, Benjamin D. Briggs, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have just cause for termination.
A recent complaint
Continue Reading Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause
By James L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen
Seyfarth Synopsis: In a victory for employers, OSHA has rescinded its policy allowing union representatives to participate in OSHA inspections of non-union employers.
We blogged previously about OSHA’s 2013 standard interpretation guidance letter allowing workers in non-union workplaces to designate a union representative to act as
Continue Reading OSHA Rescinds its Union Non-Employee “Walk-Around” Rights Interpretation
By Benjamin D. Briggs, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA inspections of non-union employers.
We blogged previously about OSHA’s 2013 standard interpretation guidance letter
Continue Reading Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability of Interpretation
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: Industry has sued to block OSHA’s efforts to give unions increased access to non-union worksites.
We had blogged previously about OSHA’s new standard interpretation guidance letter that would allow workers without a collective bargaining agreement to designate a union representative to act on their behalf as their “walk-around representative”
Continue Reading OSHA Sued Over Employee Inspection Walk-Around Rights Interpretation
By Mark A. Lies and Craig B. Simonsen
Deputy Assistant Secretary Richard E. Fairfax recently released a standard interpretation guidance letter which finds that workers without a collective bargaining agreement may designate a person affiliated with a union or a community organization to act on their behalf as their walkaround representative during an OSHA inspection.
Fairfax’ interpretative guidance letter states