News

HM Partner Chris Hesse Presents at the Federal Bureau of Investigation Gateway Law Enforcement Executive Development Seminar (“GLEEDS”)

bobroff — Thu, 17 May 2012 20:16:28 +0000

Hesse Martone Partner Chris Hesse had the honor of presenting on the topic of Hostile Work Environments at the Gateway Law Enforcement Executive Development Seminar (“GLEEDS”) in Arnold, Missouri on May 14, 2012, at the request of the FBI Law Enforcement Executive Development Association (“FBI-LEEDA”). FBI-LEEDA is a provider of law enforcement executive training that seeks to promote excellence in the education of law enforcement through continued public and private partnership programs. FBI-LEEDA has a nation-wide membership base working together in the development of improved administrative and technical practices to meet the needs of law enforcement executives globally.

NLRB “Ambush” Election Rules Invalidated On A Technicality

bobroff — Tue, 15 May 2012 19:35:23 +0000

On May 14, 2012, the United States District Court for the District of Columbia ruled that the NLRB’s “ambush” election rule (which would have dramatically shortened election times and removed a number of the potential procedural delays in the election process) was invalid because the NLRB lacked a quorum when it published the rule on December 22, 2011. The Court’s ruling (which was based on the Supreme Court’s earlier invalidation of NLRB action taken without the required quorum in New Process Steel) found that there was not the quorum necessary to pass the rule because one of the three sitting members of the NLRB did not vote.

This essentially means moving forward that there will be no substantive changes to NLRB rules (including the adoption of an “ambush” election rule) unless three sitting board members vote. While it is possible that the newly constitutional Board may take this issue up again, the questionable nature of the NLRB’s “recess” appointment will likely mean that all future Board rulemaking in this direction will face legal challenge.

A copy of the Court documents can be found here.

If you have any questions or would like a more detailed discussion of this rule, please contact Andy Martone at (314) 862-0608 or andymartone@hessemartone.com.

Henry County Selects Hesse Martone as Labor Counsel

bobroff — Mon, 07 May 2012 21:31:05 +0000

Henry County, Illinois recently selected Hesse Martone to serve as labor counsel in its contract negotiations with AFSCME, the Fraternal Order of Police and the Laborers. Hesse Martone Principal Rick Stewart will serve as the County’s chief negotiator in the negotiations.

Federal Courts Rule Against NLRB’s New Posting Requirement

bobroff — Wed, 18 Apr 2012 18:51:26 +0000

Last year, the National Labor Relations Board promulgated a rule that would require employers to post an official NLRB notice informing employees of their rights (including their right to unionize) under the National Labor Relations Act. Several employers and employer associations challenged this rule and filed suit alleging that the NLRB exceeded its authority by creating the new posting requirement. The implementation of the posting requirement was ultimately delayed until April 30, 2012.

On Friday, April 13, 2012, the United States District Court for the District of South Carolina ruled in favor of the U.S. Chamber of Commerce and against the NLRB and invalidated the posting rule, and on Monday, April 17, the United States Court of Appeals for the District of Columbia issued an emergency injunction forbidding the NLRB from enforcing the rule. Copies of the orders can be found here.

At the very least, these decisions will delay the implementation of the NLRB’s rule until the Courts of Appeal (and probably ultimately the United States Supreme Court) weigh in on this issue. This means that there is no requirement that employers post a notice currently in effect.

If you have any questions about this decision or its impact on the requirement, please contact Andy Martone at (314) 862-0608 or andymartone@hessemartone.com.

HM Partner Chris Hesse Presents Employment Training to Missouri City Clerks and Finance Officers

bobroff — Wed, 14 Mar 2012 18:18:40 +0000

HM Partner Chris Hesse presented a discussion and question and answer for the Missouri City Clerks & Finance Officers (MoCCFOA) Spring Institute at the Lake of Ozarks, Missouri, and the issues unique to their positions and municipal employers. MoCCFOA is a professional organization of municipal clerks and finance officers which provide continuing education to assist members in the performance of their job responsibilities and promote the professional development of its members for the betterment of the public and municipalities they serve.

HM Principal Caryl Flannery to Present Seminar for NBI

bobroff — Mon, 12 Mar 2012 16:05:52 +0000

Hesse Martone Principal Caryl Flannery has been tapped by National Business Institute (NBI) to present a national teleconference titled “ADA: Accommodations in the Workplace” on September 20, 2012. The teleconference will be open to attorneys, in-house counsel, paralegals, and human resource managers for continuing education credit. Since 1983, NBI has been one of the largest providers of legal and professional education in the nation, serving over two million professionals.

HM Partner Provides Employment Practices Training for Missouri Intergovernmental Risk Management Association (MIRMA)

bobroff — Mon, 05 Mar 2012 21:41:51 +0000

In the spring of 2012, Hesse Martone Managing Partner Chris Hesse will be providing training for MIRMA on a state-wide basis. In addition to Columbia and Lake of the Ozarks (where Chris has previously spoken), Chris will be providing training for MIRMA members in Rolla, Arnold and Chillicothe.

JBS Robotics Team Wins State Championship

bobroff — Wed, 29 Feb 2012 21:53:42 +0000

On Saturday, February 25, 2012, the Robotics Team from John Burroughs High School won the Missouri State Robotics Alliance Championship. The JBS Bombers were sponsored by Hesse Martone and Industrial Steel Fabricators, and Hesse Martone Partner Chris Hesse served as the team’s parent mentor.

HM Client Effingham County Sheriff Wins Labor Arbitration

bobroff — Tue, 21 Feb 2012 16:48:03 +0000

On February 20, 2012, Arbitrator Harvey Nathan ruled in favor of the Effingham County Sheriff and denied a grievance filed by the American Federation of State, County and Municipal Employees, Local 3311 (AFSCME) in its entirety. Andy Martone and Matt Robinson successfully defended the Effingham County Sheriff in this case, in which AFSCME alleged that the Sheriff did not have the right to schedule employees off during inclement weather without paying the employees for the days missed. Arbitrator Nathan upheld the Sheriff’s interpretation of the collective bargaining agreement and found that scheduling is an inherent management right. A copy of the decision can be found here.

Village of Brighton selects Hesse Martone as Labor Counsel

bobroff — Tue, 14 Feb 2012 15:10:04 +0000

The Village of Brighton, Illinois recently selected Hesse Martone to serve as its chief labor counsel in its upcoming contract negotiations with Teamsters Local 525. Hesse Martone partner Andy Martone will serve as the Village’s chief negotiator in the negotiations.