A Plea for E.N.E.

One of the oldest maxims in writing is to never apologize for your work.  With that said, I do need to couch this article.  I stand by my premise 100%.  However, there are always exceptions to a rule.  One of my biggest influences in mediation is a former judge, and former Wisconsin Supreme Court Justice.  I am not saying that a judge cannot mediate, but that you need to go in with your eyes open.

Too often when litigators are choosing a mediator (or even worse when a sitting judge is ordering mediation at a scheduling conference) the conversation goes something like, “So, should we use Judge X or Judge Y?”  What does being a former judge necessarily have to do with being a mediator, let alone a good mediator?

As the late great comedian Mitch Hedberg said,

When you’re in Hollywood and you’re a comedian, everybody wants you to do things besides comedy. They say, “OK, you’re a stand-up comedian — can you act? Can you write? Write us a script?” . . .  It’s as though if I were a cook and I worked [] to become a good cook, they said, “All right, you’re a cook — can you farm?”

I am certainly not the first to recognize this disturbing trend. 

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George Orwell on Writing Well

George Orwell’s Nineteen Eighty-Four and Animal Farm are familiar reading for many of us. A few years ago a student suggested I also read his essays, and in particular, “Politics and the English Language.” George Orwell, A Collection of Essays 156-71 (10th ed. 1981).

In this essay, Orwell claims that the English language is in decline, and that the decline has “political and economic causes.” (156) Orwell asserts, however, that the “bad habits” in written English can be avoided. (157) He reasons that in getting rid of these habits, “one can think more clearly, and to think clearly is a necessary first step toward political regeneration: so that the fight against bad English is not frivolous and is not the exclusive concern of professional writers.” (157)

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Notice to Employees of Rights Under the National Labor Relations Act

On August 30, 2011 the National Labor Relations Board (“NLRB” or “Board”) published a final rule in the Federal Register entitled “Notification of Employee Rights under the National Labor Relations Act” (“Act”).” See 75 Fed. Reg. 80411 (Aug. 30, 2011). Effective November 14, 2011 private sector employers subject to the jurisdiction of the Act are required to post a notice of employee rights (“Notice”) informing employees of their rights under the Act. The rule had been pending since December 2010 and was issued by a 3 to 1 vote with Board Member Brian Hayes dissenting. See 75 Fed. Reg. 80411, § IV.

In addition to listing several examples of unlawful behavior under the Act and providing instructions to employees on how to contact the NLRB with questions or possible violations of the Act, the Notice also affirmatively states that employees have the right to

• Organize a union to negotiate with their employer concerning their wages, hours and other terms and conditions of employment.

• Form join or assist a union; bargain collectively through representatives of employees’ own choosing for a contract with their employer setting their wages, benefits, hours, and other working conditions.

• Discuss their wages and benefits and other terms and conditions of employment or union organizing with their co-workers or a union.

• Take action with one or more co-workers to improve their working conditions by, among other means, raising work-related complaints directly with their employer or with a government agency, and seeking help from a union.

• Strike and picket, depending on the purpose or means of the strike or picketing.

• Choose not to do any of these activities, including joining or remaining a member of a union.

Employers are required to post the Notice in conspicuous places where the Notice is readily seen by employees, including all places where notices to employees concerning rules or policies are customarily posted. In addition to the physical posting, the rule requires employers to post the notice electronically if personnel rules and policies are customarily posted in that manner.

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