In 2005, a number of the nation’s largest and most powerful unions formed the Change to Win Coalition with the stated intent to devote significant resources toward organizing and rebuilding the union movement.  This new focus on organizing, however, does not necessarily include National Labor Relations Board (NLRB) representation elections.

Smokers took another hit recently with the Surgeon General’s report that there is no risk-free level of exposure to second-hand smoke.  The report advocates completely smoke-free buildings and public places.  Even before this report, employers were addressing the concerns of second-hand smoke.  Separate smoking and non-smoking work areas existed, as did designated smoking areas in or adjacent to the workplace.  Some employers installed separate air handling systems for smoking areas.  The Surgeon General’s report, however, declared these efforts ineffectual.

In the context of group terminations, employers seeking releases of potential age discrimination claims from affected employees are required to comply with the Federal Older Workers Benefit Protection Act (“OWBPA”), which requires, among other things, the disclosure of the job titles and ages of employees selected for discharge.  Whether the scope of this information needed to be company-wide, however, has long been a source of confusion and debate for HR professionals and employment attorneys. The Eleventh Circuit recently provided guidance on this issue, holding in Burlison v. McDonald's Corp. that, in the context of a company-wide restructuring, the information comprising the required disclosures was properly limited to the “decisional unit.”