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"Robinson, Henry H"
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Applying NLRA Section 7 to Company Policies and Related Discipline
\"10 When an individual seeks to improve terms and conditions of employment, the activity is concerted provided he/she intends to induce group activity or to act as a representative of at least one other employee.11 This intent that causes individual activity to qualify as \"concerted\" need not be expressly articulated, and discussions about terms and working conditions may qualify as \"concerted\" without expressly or clearly stating that the intent is to induce group action.12 For example, employees' discussion of a co-worker's discharge is concerted activity.13 As another example, concerted activity occurs when two truck drivers have a radio conversation about safety concerns.14 Under § 7, the \"mutual aid or protection\" element is satisfied when the concerted activities \"seek to improve the terms and conditions of employment or otherwise improve their lot as employees . . The evidence established that many employees who stepped through ceilings were not discharged. [...]the employer failed to sustain its burden, and the discharge was unlawful.
Journal Article
Guide to tailoring interactive processes to initial and supplemental requests for leaves of absence
The duties to engage in the interactive processes and to make reasonable accommodation are general. The generality enables the duties to be applied to all cases. In leave of absence cases in particular, courts repeatedly apply specific decisionmaking criteria, and these criteria define the subjects that should be covered in the interactive processes. The factual information needed at the initial request stage is not the factual information needed at the stage of supplemental requests for extensions. This article makes recommendations for tailoring the interactive process to the employee's initial request for a leave of absence as an accommodation. Then the article makes different recommendations for tailoring subsequent interactive processes to the employee's supplemental requests for extensions as further accommodations. The author believes these recommendations should improve the interactive processes and provide guidance for the reasonable accommodation decisionmaking processes.
Journal Article
How Employers and Employees May Minimize Current Fiduciary Risks Under ERISA - Part II
Employers sponsor ERISA plans. Plans require fiduciaries, and employees occupy most and often all of the fiduciary roles. Employers, employees and plans have a mutual interest in minimizing fiduciary duty violations because alleged breaches of fiduciary duty may lead to administrative investigations, civil lawsuits (including class actions), and criminal indictments. This two-part article presents specific recommendations to minimize current fiduciary risks under ERISA. The recommendations are especially important to small and medium plans lacking the resources of the largest plans. The first part of article, which appeared in the Spring 2019 issue of Employee Relations Law Journal, briefly set out the fiduciary rules, who qualifies as a fiduciary, and the link between fiduciary rules and plans and assessed the current risks of fiduciary violations. This part completes the article.
Trade Publication Article
How Employers and Employees May Minimize Current Fiduciary Risks Under ERISA – Part I
Employers sponsor ERISA plans. Plans require fiduciaries, and employees occupy most and often all of the fiduciary roles. Employers, employees and plans have a mutual interest in minimizing fiduciary duty violations because alleged breaches of fiduciary duty may lead to administrative investigations, civil lawsuits (including class actions), and criminal indictments. This two-part article presents specific recommendations to minimize current fiduciary risks under ERISA. The recommendations are especially important to small and medium plans lacking the resources of the largest plans. As a logical prerequisite to reaching the point of outlining specific recommendations, which will appear in a future issue of Employee Relations Law Journal, the fiduciary obligations and current risks and their levels are described in this first part of the article.
Trade Publication Article
The landscape of somatic mutation in normal colorectal epithelial cells
The colorectal adenoma–carcinoma sequence has provided a paradigmatic framework for understanding the successive somatic genetic changes and consequent clonal expansions that lead to cancer
1
. However, our understanding of the earliest phases of colorectal neoplastic changes—which may occur in morphologically normal tissue—is comparatively limited, as for most cancer types. Here we use whole-genome sequencing to analyse hundreds of normal crypts from 42 individuals. Signatures of multiple mutational processes were revealed; some of these were ubiquitous and continuous, whereas others were only found in some individuals, in some crypts or during certain periods of life. Probable driver mutations were present in around 1% of normal colorectal crypts in middle-aged individuals, indicating that adenomas and carcinomas are rare outcomes of a pervasive process of neoplastic change across morphologically normal colorectal epithelium. Colorectal cancers exhibit substantially increased mutational burdens relative to normal cells. Sequencing normal colorectal cells provides quantitative insights into the genomic and clonal evolution of cancer.
Genome sequencing of hundreds of normal colonic crypts from 42 individuals sheds light on mutational processes and driver mutations in normal colorectal epithelial cells.
Journal Article
Mutational landscape of normal epithelial cells in Lynch Syndrome patients
Lynch Syndrome (LS) is an autosomal dominant disease conferring a high risk of colorectal cancer due to germline heterozygous mutations in a DNA mismatch repair (MMR) gene. Although cancers in LS patients show elevated somatic mutation burdens, information on mutation rates in normal tissues and understanding of the trajectory from normal to cancer cell is limited. Here we whole genome sequence 152 crypts from normal and neoplastic epithelial tissues from 10 LS patients. In normal tissues the repertoire of mutational processes and mutation rates is similar to that found in wild type individuals. A morphologically normal colonic crypt with an increased mutation burden and MMR deficiency-associated mutational signatures is identified, which may represent a very early stage of LS pathogenesis. Phylogenetic trees of tumour crypts indicate that the most recent ancestor cell of each tumour is already MMR deficient and has experienced multiple cycles of clonal evolution. This study demonstrates the genomic stability of epithelial cells with heterozygous germline MMR gene mutations and highlights important differences in the pathogenesis of LS from other colorectal cancer predisposition syndromes.
It is unclear whether somatic mutation rates are elevated in Lynch Syndrome (LS), which is the most common cause of hereditary colorectal cancer. Here, the authors use whole-genome sequencing and organoid cultures to show that normal tissues in LS patients are genomically stable, while ancestor cells of neoplastic tissues undergo multiple cycles of clonal evolution.
Journal Article
Inherited MUTYH mutations cause elevated somatic mutation rates and distinctive mutational signatures in normal human cells
Cellular DNA damage caused by reactive oxygen species is repaired by the base excision repair (BER) pathway which includes the DNA glycosylase MUTYH. Inherited biallelic
MUTYH
mutations cause predisposition to colorectal adenomas and carcinoma. However, the mechanistic progression from germline
MUTYH
mutations to MUTYH-Associated Polyposis (MAP) is incompletely understood. Here, we sequence normal tissue DNAs from 10 individuals with MAP. Somatic base substitution mutation rates in intestinal epithelial cells were elevated 2 to 4-fold in all individuals, except for one showing a 31-fold increase, and were also increased in other tissues. The increased mutation burdens were of multiple mutational signatures characterised by C > A changes. Different mutation rates and signatures between individuals are likely due to different
MUTYH
mutations or additional inherited mutations in other BER pathway genes. The elevated base substitution rate in normal cells likely accounts for the predisposition to neoplasia in MAP. Despite ubiquitously elevated mutation rates, individuals with MAP do not display overt evidence of premature ageing. Thus, accumulation of somatic mutations may not be sufficient to cause the global organismal functional decline of ageing.
Inherited mutations in
MUTYH
have been shown to predispose patients to colorectal cancers. Here, the authors show that
MUTYH
mutations lead to an increased somatic base substitution mutation rate in normal intestinal epithelial cells, which is the likely cause for the increased cancer risk.
Journal Article