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DISCIPLINARY MEASURES RELATING TO THE USE OF COMPUTER EQUIPMENT: COCA-COLA IS FORCED TO REINSTATE AN EMPLOYEE THE COMMISSION DES RELATIONS DU TRAVAIL (THE “COMMISSION”) RECENTLY RULED ON THE WAY IN WHICH AN EMPLOYER PROCEEDED TO IMPOSE A DISCIPLINARY MEASURE ON AN EMPLOYEE DUE TO HIS USE OF COMPUTER EQUIPMENT BELONGING TO THE EMPLOYER ...
On December 10, 2011, West Virginia Governor Earl Ray Tomblin issued a proclamation calling for a special session of the Legislature for the purpose of considering and acting upon legislation regarding horizontal natural gas well operations. The bill presented by the governor (SB 4001; HB 401) drew heavily from the draft legislation developed by the Joint Select Committee on Marcellus Shale ...
On December 23, 2011, the National Labor Relations Board (NLRB) announced that it would postpone its requirement that employers post a notice informing employees of their federal labor law rights until April 30, 2012. As discussed in our NLRB Roundup Part 2, this rule requires physical posting of an 11x17 notice, as well as publication on the employer’s intranet or internet site if the employer customarily uses these sites to communicate with employees ...
There has been considerable activity at the state and federal level over the past few months regarding when companies must “aggregate” emissions from operations to determine whether they are subject to the more stringent “major source” permitting requirements under the New Source Review (“NSR”) and Title V provisions of the Clean Air Act (“CAA”) ...
As promised, Part 2 of our NLRB Roundup 1 takes a step back from the case law summarized in Part 1 to address other issues surrounding the current Board and its effect on the labor law landscape, including: (i) proposed comprehensive rules altering election procedures; (ii) the NLRB’s final rules requiring employers to post notices informing employees of their rights under the NLRA; (iii) developments on the prosecutorial front relating to social media; (iv) reconsiderat
You have an unproductive employee. You suspect she isn’t getting her work done because she’s spending far too much time surfing the web and sending personal emails from her work computer during office hours. This will not do. So, you log on to her computer after hours to check her inbox and browser history. Sure enough, your suspicions are correct: she’s spending more time on Facebook than doing her job. Armed with this evidence, you call her into your office and dismiss her ...
On November 15, 2011, the Supreme Court of Yukon released its decision in Ross River Dena Council v. Government of Yukon, 2011 YKSC 84. 1 The case is important as it is the first court decision to consider the issue of whether the Government of Yukon has a duty to consult with First Nations when recording quartz mineral claims under the Quartz Mining Act (the “Act”) ...
On November 8, 2011, three municipalities in western Pennsylvania put direct democracy to the test with referendums that would essentially ban natural gas drilling in their communities. Two of the referendums were overwhelmingly defeated while one succeeded with overwhelming support ...
On November 15, 2011, the Pennsylvania Senate passed S.B. 1100, a fairly comprehensive legislative effort aimed at increasing governmental oversight of the development and production of Marcellus Shale resources ...
I- Major Innovation - The new framework Law on Crude Oil Refining, Storage, Transport, Distribution and Trade of Petroleum Products was approved (“LCOR”) was enacted by Law no. 28/11, of 1 September 2011. This law was preceded by the Strategy for liberalisation of the fuel sector and the schedule for its implementation set forth in 2009 by means of the Council of Ministers’ Resolution no. 105/09, of 19 November ...
The cost of energy—particularly the cost of electricity—comprises a significant portion of the total cost of production for industrial and manufacturing companies ...
Mining companies investing for the first time in Canada’s North may find the experience unlike any other. This holds true not only for foreign corporations, but also for companies familiar with mining in the Canadian south. This article provides an orientation around some of these unique challenges. Aboriginal groups and mining companies in the North – A multi-faceted relationship The relationship between Aboriginal groups and mining companies in Canada’s North has many facets ...
We all know that the employment relationship can involve some give and take. Employees today are better educated and more aware of their rights, and accordingly more willing to voice concerns about management ...
A bill to amend the Workers Compensation Act was given 1st reading on November 3, 2011. One of the proposed amendments could significantly expand the circumstances where a worker may be entitled to compensation for work-related mental stress. Where the present section 5 ...
In a Bulletin released in March of 2011, we outlined important amendments to the Immigration and Refugee Protection Regulations (“IRPR”) concerning temporary foreign workers ...
Haynes and Boone, LLP’s Immigration Practice Group reminds employers with a need for H-1B petitions that are subject to the annual numerical limit (“Cap-Subject”) that the annual cap for Financial Year 2012 is almost exhausted. United States Citizenship and Immigration Services (“USCIS”) has announced that 49,200 H-1B petitions have been received as of October 28, 2011, fast approaching the 65,000 cap. Further, the separate U.S ...
Canada is uniquely positioned to provide an abundance of secure and reliable energy. With conventional oil supply declining, the need for unconventional resources, like oil sands and shale gas, will increase. Alberta and British Columbia, Canada’s two western-most provinces, house the vast majority of Canada’s oil and natural gas deposits, making both provinces key players in the push to develop resources sufficient to meet growing energy demand in North America and beyond ...
On September 14, 2011, the Court of Appeal of Quebec rendered a significant decision in the context of the labour dispute which occurred at the Journal de Québec (the “Journal”) in 2007-2008. This decision sheds some light on the scope of the “anti strikebreaker” provisions of the Labour Code (Quebec)1 ...
The Federal Circuit recently resolved two issues of first impression as to how patent reexamination proceedings affect related patent infringement litigation. These two cases, Marine Polymer1 and Bettcher Industries,2 are likely to have a significant impact on both litigation and reexamination-proceeding practices, as well as the strategic interplay between them ...
