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NLRB Returns to “Clear and Unmistakable Waiver” Test for Assessing Employer Unilateral Changes

In Endurance Environmental Solutions, the National Labor Relations Board returned to the “clear and unmistakable waiver” standard for determining whether an employer may make changes to terms and conditions of employment...more

NLRB Changes Standard for Lawful Employer Statements During Union Organizing Campaigns

The National Labor Relations Board (NLRB or the Board) issued its decision on November 8, 2024 in Siren Retail Corp. d/b/a Starbucks, which changes the test for determining what an employer may lawfully say during an...more

NLRB Adopts Final Regulations to Restrict Employee Choice on Union Representation

The National Labor Relations Board (NLRB or Board) on August 1 published a new rule addressing three distinct situations affecting employees’ rights to decide whether they want union representation (New Rule). The New Rule...more

New NLRB Rules Favor Mandatory Union Recognition & Limit Employee Voting in Secret-Ballot Elections

The National Labor Relations Board drastically changed the process for unions seeking recognition of most private sector employees in the United States. Abandoning 50 years of established law, in Cemex Construction Materials...more

New NLRB General Counsel Announces Enforcement Priorities as Employers Prepare for Return of Obama-Era Precedent

Newly confirmed National Labor Relations Board General Counsel Jennifer Abruzzo announced her enforcement priorities in a lengthy memorandum released on August 12, 2021. The memorandum requires employers to rethink their...more

NLRB Limits Protection Given to Abusive, Profane, or Offensive Workplace Conduct

The National Labor Relations Board has finally abandoned its problematic standard around the discipline and discharge of employees who engage in abusive conduct in connection with protected concerted activity. On July 21, the...more

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