The political shift in the U.S. Congress last November forced
labor-union supporters to focus their efforts on federal regulatory
agencies. Their efforts paid off this quarter. The National Labor
Relations Board (NLRB) and the Department of Labor (DOL) proposed
regulations that, if adopted, will substantially diminish
employer's free speech rights and limit communications with
employees regarding union representation issues.
Also in this quarter, the U.S. Supreme Court's 2011 term
wrapped up with several decisions that have the potential to
significantly impact employers. In two significant decisions, the
Court raised the bar for class-action certifications and made it
easier for companies to limit class actions through arbitration
agreements. And in Chamber of Commerce v. Whiting, the
Court upheld the controversial Legal Arizona Workers Act, which
requires all employers in that state to use the E-Verify system and
sanctions employers, by suspending or revoking their
