In its recent decision in Jones Plastic & Engineering Co., the National Labor Relations Board ("NLRB") confirmed that designating an employee as "at-will" does not change his status as a permanent replacement for a striking union worker.
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In a highly anticipated ruling, in Dana Corporation, the National Labor Relations Board ("NLRB") altered its rules regarding an employer's voluntary recognition of a union based on a card check majority. In the past, such voluntary recognition precluded employees and rival unions from filing decertification petitions for a "reasonable time" — sometimes up to a year. Under the new rule set forth in Dana, a decertification petition may be filed within 45 days of the employer's voluntary recognition, provided the petition is supported by at least 30% of the employees in the bargaining unit.
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As of January 1, 2008, Illinois employees will have the option of proceeding in state court following a complaint to the Illinois Department of Human Rights ("IDHR"). Prior to recent amendments to the Illinois Human Rights Act ("IHRA"), employees had no right to a private action alleging a violation of the IHRA. Instead, they were limited to administrative remedies before the Illinois Human Rights Commission ("IHRC"). However, as of January 1, 2008, once the IDHR issues its determination, or if the IDHR fails to issue a determination within a year, the complaining employee will have the option of proceeding before the IHRC or filing a complaint in state court. If the employee does so, the IDHR will be required to immediately stop its investigation and dismiss the charge. If the employee opts to proceed in court, the amendments provide for a jury trial. These changes apply to charges filed with the IDHR on or after January 1, 2008; currently pending charges are not affected.