Archive for December, 2011

As part of the settlement of a workers’ compensation claim, it is common for the attorney representing the employer to require that the injured worker sign a resignation of employment and a general release. After settlement of the workers’ compensation claim is completed, the injured worker often applies for and receives unemployment compensation (UC) benefits.

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Not surprisingly, the National Labor Relations Board voted today 2-to-1 to approve a resolution to proceed with a limited number of amendments to the NLRB election process.  The following amendments were approved:

• The first proposed amendment gives a hearing officer the authority to limit the pre-election hearing (which determines whether a question of representation exists) to matters relevant to the question of whether an election should be held.  This significantly limits the questions that can be raised at the pre-election hearing, such as the appropriateness of the proposed bargaining unit.

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