In Chamber of Commerce v NLRB, decided may 14, 2012, a U.S. District Court for the District of Columbia invalidated the National Labor Relations Board new expedited election process because the Board decided the issue without the required number of members. “Two members of the Board participated in the decision to adopt the final rule, and two is simply not enough.” Plain and simple, the court ruled that with only 2 out of 3…
The Puerto Rico Supreme Court recently affirmed a lower court ruling awarding plaintiff $100,000. Plaintiff- was a maintenance worker who claimed that his employer had fired him in retaliation for requesting benefits under the local workers’ compensation fund. See, Rivera Menendez v. Action Service, Corp. 2012 TSPR 73 (Date: April 27, 2012). The employer- engaged in the commercial cleaning business- denied any retaliatory intent and contended that the employee had refused to show up for…
If you run a business and receive a petition for elections by a union, run to a lawyer. New representation case procedures effective April 30 2012 may allow a union to enter the workplace within 18 days of the petition. It turns out that if 30% of the workers within a unit area wish to be represented by a union and bargain collectively, the National Labor Relations Board will hold an election for them and…
Si usted dirige una empresa y recibe una petición de elecciones, corra donde un abogado. Nuevas normas en la Junta Nacional de Relaciones del Trabajo (NLRB, por sus siglas en Ingles) permiten que en menos de 20 días pueda entrar un sindicato tocándole la puerta de su oficina. Resulta que si 6 de 10 personas dentro de una misma área o unidad deseara estar representada por un sindicato y negociar colectivamente, la Junta celebrará una…
By: Robert A. Fleming- Business Attorney Puerto Rico Investors in Puerto Rico have a variety of options for managing & optimizing liability and tax issues. A business can operate under a wide range of legal structures, from basic sole proprietorships and general partnerships to special purpose corporations and limited liability companies. The most typical forms are limited partnerships, general corporations, non-profit, closed corporations, professional corporations and limited liability corporations. Puerto Rico’s corporate law is based…
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