The NLRB has a duty to carry out secret ballot elections to establish whether employees want to be represented by a labor union. This is one of their most important responsibilities. On June 22, 2011, the NLRB proposed amendments to the rules of procedure for representation cases in an effort to shorten election procedure and simplify the entire process. They have eliminated what they consider unnecessary steps in filing, reduced excessive elections, and modernized the process through use of electronic communication.

Following are the proposed amendments and the way current procedures differ:

• The NLRB would be allowed to deliver petitions and notices for elections via email or any other electronic avenue. Currently, parties cannot file or transmit documents electronically.
• The parties will now receive more assistance prior to elections by receiving a Statement of Position form, a list of their rights and obligations, and details of the procedure in representation cases. They will be permitted to complete this form at the pre-election hearing. Currently, the parties do not receive this assistance.
• Pre-election hearings will be set 7 days after service of the notice, and 14 days after tally of the ballots. The time frames currently vary by region, but they are longer.
• Before evidence is accepted, the parties must state their positions. Currently, this provision is lacking, making it difficult to know the exact nature of the dispute.
• A challenge procedure during the election will be allowed for any disputes to voter eligibility. Current procedures allow only pre-election litigation to resolve this issue.
• A list of voters is provided, usually by the employer; to the petitioner, usually the union up until the opening of the pre-election hearing. This will make it easier for unions and other petitioners to identify eligibility issues before the election. Currently, a list of voters is not provided.
• Parties may seek a review of all the rulings through one request after the election, and any pre-election requests would be removed. Currently, the request must be made prior to the election or their rights are waived.
• The union will now have the discretion to deny review of post-election rulings. This will allow regional directors to make final decisions, instead of the union doing so.
• The final list of voters will be produced electronically when possible, within two days, and include names, home addresses, phone numbers, and email addresses. Currently, the voter’s lists are in paper form, and include only names and home addresses.

The NLRB claims that these changes will resolve representation issues by simplifying the election procedures, eliminate unnecessary litigation, and create uniformity and clarity across regions. They contend that these amendments will also help to consolidate requests to the union for pre- and post-election determination.

On the other hand, the ability of an employer to discuss the impact of joining a union and collective bargaining with workers may be weakened, not to mention discussing employee concerns prior to an election. With what some refer to as a quickie election, it is feared that employers will not have the time to express their views on collective bargaining. This would make it easier for private unions to win representation elections. Many anti-union employers fear it could lead to an increase in union representation.

The NLRB has also proposed a rule requiring every private employer to post a notice of the National Labor Relations Act – NLRA rights for employees to unionize. The NLRB’s reason for this is to increase knowledge of the NLRA among employees. They assert that employees will be better able to exercise their rights under the statute and that it encourages statutory compliance by employers and unions.

In order for employers to be in compliance, new labor law posters must be clearly displayed and visible in offices and in plants where employees covered by the NLRA perform their duties. Poster updates should be received by employers as soon as they occur.

According to the website, Vorys on Labor, the poster should state that employees have the right to:

• Act together to improve wages and terms and conditions.
• Form, join, or assist unions.
• Bargain with their employer.
• Discuss union organizing with co-workers or a union.
• Raise work related complaints with their employer, a governmental agency, or a union.
• Strike and picket.
• Choose not to engage in any of these activities.

The notice would also provide examples of illegal employer and union conduct, as well as instruct employees how to contact the NLRB with questions or complaints.

On July 18, 2011, the NLRB will hold an open meeting on these proposed changes at their headquarters in Washington D.C. to consider input from interested parties. It is too late for registration to attend, but all the information on the meeting can be found at the NLRB’s website or at the Federal Register’s website.

It seems to me that this is just another thing to complain about for people. If these things didn’t exist, we’d be complaining about the lack of security and vulnerability knowing that a terrorist can bring items on a plane via there children. So what’s the alternative to ensuring all little ones boarding a plane pass the same type of inspection that adults do?  Children should be subject to the same inspections as adults.

Like anything, there will be those profound cases that make the headlines.  But where are the headlines that talk about how much safer we are because children were scanned at the airports in a similar fashion as adults? Parents, this is a moot point and you should really simmer down with all the protests.

Source: Washington Post

How we help debtors seeking Chapter 7 liquidation

Bankruptcy lawyers in Dallas assist debtors through every step of the complex filing process:

• Analysis:  We carefully review the details of your financial situation to determine if Chapter 7 is the right option for you.  In many cases, individuals, corporations, or organizations may not be aware they are in a position to avoid liquidation through alternative options—such as adjusting individual debt through Chapter 13 or reorganizing business debt through Chapter 11.
• Preparing the filing:  Preparation of a Chapter 7 filing is a detailed process that begins with meeting the credit counseling requirements and that involves preparing detailed schedules of assets, liabilities, income, and expenditures.  The process can easily be delayed—or result in unnecessarily lost assets—due to errors.  We analyze your assets to ensure you get to keep everything protected by law, and we make sure you identify all liabilities so there is no unaddressed debt when you emerge from bankruptcy.
• Representation:  We represent your interests throughout the process, working with court-appointed trustees and creditors to define the discharge methods required for a fresh start.

Comprehensive support for creditors

Business creditors are not required to wait until a debtor files bankruptcy—we can help them take action to collect money owed by filing an involuntary bankruptcy petition against organizations or corporations not meeting payment requirements.  We also help protect their interests in voluntary bankruptcy proceedings to ensure their priority rights are protected during a liquidation of the debtor assets.
Lusky & Associates, P.C.‎12720 Hillcrest Road, Dallas, TX 75230
(972) 386-3900 – (972) 591-0120 – (800) 208-6389

Although it seems like a given, Christina Aguilera filing for divorce without a prenup a lot of times is not that far fetched.  Especially with younger couples, they feel it just isn’t right, maybe it takes away from the romanticism of it all, and a prenuptial agreement is never signed or even talked about.

The divorce filing interestingly enough also terminates spousal support for Jordan Bratman.  Child custody will be shared between the couple of their only child Max, age 2.

They first split officially on September 11th of this year, but it was said that they had been separated for a few months prior.  Sources say that their marriage was more of a unification of two very good friends.  Rather than a traditional husband and wife bond they were best friends rather than lovers.

However, Christina feels differently and that it is more to blame on her career and her new film Burlesque being the knife that severed her marriage.  Her new boyfriend Matthew Rutler, she claims she has not started dating untill after her divorce filing, but it is interesting that they had met on set.  Family law lawyers in San Francisco speculate that this will come out during divorce proceedings.

Lerner • Poole, LLP535 Pacific Avenue, San Francisco, CA 94133 (415) 391-6000

If you are dealing with a disability, you need to dispel the following misconceptions about the help that is available for you:

Social Security disability (SSD) and SSI benefits are available only to those of retirement age:  This is the exact opposite of the truth.  In fact, these benefits are available to claimants in Tennessee—and nationwide—prior to retirement.  When recipients reach retirement age, their benefits actually convert to retirement benefits, although the value remains the same.

The SSA only permits certain conditions to qualify for disability benefits:  The Social Security Administration, SSA, maintains an extensive list of conditions that qualify under their programs.  But even an unlisted impairment can be subject to a medical vocational allowance.  Under this system, the records of claimants are reviewed to identify their physical and mental limitations and determine their ability to return to their former employment or perform some other type of work.  Anyone submitting detailed evidence of a condition may qualify for benefits.

§  Only individuals who have paid into Social Security can file a disability claim:  While social security disability benefits are available only to individuals who have paid into the system, SSI pays benefits for food, shelter, and clothing to qualifying individuals in Tennessee who have not paid into the system.  Qualifications include individuals who are 65 or over, blind, or disabled in some other way.  They must additionally be able to prove they have relatively low income and few assets and other resources.

The initial decision for a Social Security Disability or SSI claim is final:  While initial disability claims in Tennessee are denied at a rate of about 74 percent, the SSA provides reasons for claim denials to applicants and offers a detailed appeals process.  This provides applicants with the opportunity to correct any errors or provide additional documentation that can result in reversal of the initial decision.  It is highly recommended that anyone appealing a SSA denial enlist the aid of attorneys who have extensive experience in handling disability claims and appeals.

Buchanan, Eric, & Associates, PLLC
414 McCallie Avenue Chattanooga, TN 37402
866-959-5362

While there is an abundance of information available to consumers on the Internet, there is also a possibility for fraudulent activity.

Class action in West Virginia

A class action lawsuit is one court case that addresses the injuries, financial and physical, of many different parties.  The court must certify that a case is a class action lawsuit and that the product or service injured all the parties of the lawsuit in the same manner.

A class action frequently starts when a consumer finds an error on the following:

• Bills
• Investments
• Properties

Speak with personal injury attorneys in Clarksburg about filing or joining a class action lawsuit.

Cooper Law Offices PLLC
240 West Main Street, Bridgeport, WV 26330-1749
(304) 842-0505

Only certain forms of bankruptcy can avoid foreclosure

The key to avoiding foreclosure is finding a way to bring past due amounts current—and continue making future payments in full and on time.  This typically is possible only when debtors qualify for debt restructuring under Chapter 13 bankruptcy (for individuals) and Chapter 11 bankruptcy (for corporations and other organizations).  This involves being able to prove the debtor’s income is sufficient to repay all outstanding debt under both federal and state guidelines.

An experienced Michigan bankruptcy attorney from an experienced law firm who can work with you to determine if you qualify for Chapter 11 or 13 bankruptcy and guide you through the complex bankruptcy process.  In some cases, we may be able to assist with other options made available through the Obama loan modification plan.

We are also experienced at representing lenders in this complex process.  We work hard to ensure all parties obtain the best possible results in these difficult circumstances.

Debt liquidation does not prevent foreclosure

Individuals and organizations filing for Chapter 7 liquidation bankruptcy often cannot avoid foreclosure.  Although Chapter 7 discharges most unsecured debt—such as credit card bills and other loans that are not backed by collateral—mortgages loans are secured by property.  This gives lenders recourse to take the property when payments are not paid on time and in full.  If you are facing foreclosure—or if you are lender looking for an alternative to foreclosing  when a debtor is in default—please call an experience Detroit bankruptcy law firm today.

No matter what type of adoption, child support, child custody, or other family law issue you are facing, good family law lawyers in Longview will be able to help.

There are different types and levels of open adoptions.  In many open adoptions the biological parents and the adoptive parents share a significant amount of information and stay in touch after the adoption.  They may meet and exchange letters and photos.  Open adoptions are frequently arranged privately by birth and adoptive parents through the use of doctors, friends, and attorneys.

When the adoptive and birth parents do not share information and do not know one another, the adoption is considered to be a closed one.  Most adoptions are no longer completely closed.  In some situations, a birth mother requests to remain anonymous.  In this event, very little information about the birth mother is shared with the adoptive couple.

There are varying degrees of openness and sharing of information in adoption.  A closed adoption denies the adoptive parents of valuable biological and medical information such as a family history of heart disease.  It is likely that at some point a child is going to want to have information about their biological parents and counseling may be needed if a child is not allowed to seek out a biological parent.

Adoption attorneys can assist with developing a secure adoption plan that is in the best interests of the child, and of all parents.  It is important that everyone come to an agreement on what level of openness is to be maintained and provided.

Lufkin family law attorneys know how to answer all your legal questions about open and closed adoption.  Find a highly regarded family law firm that serves Nacogdoches, Marshall, and surrounding areas in Texas.

A court has the power to order temporary spousal support during the period of time a divorce is pending.  If you have been married more than 10 years, you may be able to receive spousal support for up to three years after your divorce is made final.  And in addition, in situations where a spouse is disabled or responsible for a adult disabled child, the spousal support may continue beyond 3 years.

The court may order spousal maintenance for a spouse if there has been a conviction for family violence within two years before the date the petition for divorce was filed, or if a marriage was ten years in duration.

A divorce lawyer can provide the type of spousal support advice and services that you need

No matter what type of child support, child custody, or other family law issue you are facing, contact a local Louisville divorce law firm today to schedule an initial consultation with a capable and qualified family law attorney.

No matter which industry you are in, your business requires good legal representation.  The time to find a good business law attorney is not when you are facing penalties or litigation.  Act early and have qualified bankruptcy lawyers in Dallas on your side before troubles arise.

Good legal advice from business law attorneys can help you stay focused on your business and its needs rather than legal challenges.  However, for a non-lawyer, finding a good business law attorney can be daunting task.  Fortunately, if you know your business and the right questions to ask, you can find a bankruptcy lawyer that will serve you best.

Knowledge, experience, focus

Concentrate your search on a firm’s legal knowledge and practice, their experience as litigators, and a business law focus.  Look for a lawyer who does not try to be all things to all clients, but has a clear focus on bankruptcy law.

Capabilities in related fields of law

Focus on finding a bankruptcy attorney in Dallas who specializes in areas of legal practice most relevant to your business, while also having experience in related fields.  That will prepare you for meeting expected and unforeseen legal challenges.

Know the questions to ask a business law attorney

Engage in a consultation session to receive information and qualified Dallas bankruptcy advice. Ask direct questions and listen carefully.

• What kinds of law do you practice? Look for a clear focus on business & bankruptcy law.
• How many companies or individuals similar to mine have you represented? Understand the firm’s direct experience in your industry.
• What business law situations similar to mine you have handled? See if the firm has direct experience with your kinds of business and legal issues.
• How do you approach a business dispute? Gauge the firm’s track record with out-of-court settlements and bankruptcy litigation.
• Who will be assigned to my case work? Make it clear you expect the professional services of the firm’s best attorneys.