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Denying The Existence of a Bargaining Impasse Doesn’t Make It True, at Least Not in the D.C. Circuit

On June 13, 2025, the D.C. Circuit refused to enforce an “irrational” Board order finding an employer violated its duty to bargain by declaring impasse. By declaring impasse, the employer sought to implement its last, best,...more

NLRB Expands Section 7 Protections to Include Advocacy for Non-Employees and Beyond

On August 31, 2023, the National Labor Relations Board issued its 3-1 decision in American Federation for Children, Inc. 372 NLRB No. 137, overturning Amnesty International, 368 NLRB No. 112 (2019), and dramatically expanding...more

Employers Gain Flexibility to Regulate Nonemployee Access to Property under the NLRA

On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and...more

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