Thursday, August 30, 2012

ARE SOME LABOR UNIONS ENCOURAGING "CARVE OUTS"?

SB 863 has a built-in surprise for labor unions: it has a provision that will enable "carve outs. " A "carve out" is known technically as  an Alternative Dispute Resolution (ADR).  The assertion by LatinoComp and others is that Labor Code Section 3201.7(c)(4) is being expanded by SB 863 to include all employees of the State of California.

The claim is that pages 39 to 41 of SB 863  expand this little discussed legal provision so that it may now be applied to all state employees.  Legal history and precedent is Miller v. Cupertino Electric, Zenith Ins., 2012, Cal. Wrk. Comp. P.D.  Lexus 90. 

Take a look. What's your opinion? Have compliant unions given away too much in the effort to reform workers' compensation?

1 comment: