On December 10, 2024, the National Labor Relations Board issued a decision reinstating its prior standard for determining whether a union has contractually waived its right to bargain over changes to terms and conditions of...more
On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers...more
Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more
8/27/2024
/ Colleges ,
Disclosure Requirements ,
Educational Institutions ,
Employment Records ,
FERPA ,
NLRA ,
NLRB ,
Student Privacy ,
Students ,
Unions ,
Universities
As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more
7/31/2024
/ Blocking Statutes ,
Collective Bargaining ,
Construction Workers ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more
4/16/2024
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
NLRA ,
NLRB ,
Statutory Interpretation ,
Surveillance ,
Unfair Labor Practices ,
Unions
The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more
On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit clarified the rules that apply when employers distribute information and observe employees during union campaigns. The court found that a New York-based...more
On December 8, 2023, National Labor Relations Board (the “Board”) General Counsel Jennifer Abruzzo issued a Guidance Memorandum (“GC 24-02”) describing the practical impact of the 2023 final rule amending federal regulations...more
In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more
9/12/2023
/ Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Terms and Conditions ,
Unions
On August 24, 2023, the National Labor Relations Board (the “Board”) issued a final rule (the “2023 final rule”) amending the federal regulations that govern representation election procedures. The 2023 final rule is the...more
In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for unionized employers seeking to close...more
2/13/2023
/ Business Closures ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Labor Law Violations ,
NLRA ,
NLRB ,
Statutory Violations ,
Supplemental Review ,
Unfair Labor Practices ,
Union Membership ,
Unions
On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more
11/11/2022
/ Blocking Power ,
Collective Bargaining ,
Comment Period ,
Employee Rights ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
NPRM ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Union Elections ,
Unions
On June 15, 2022, in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109, the National Labor Relations Board reaffirmed that regional directors have authority to dismiss representation and decertification petitions if the...more
7/11/2022
/ Administrative Hearings ,
Administrative Merits Determinations ,
Collective Bargaining ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Petition for Review ,
Regulatory Authority ,
Successors ,
Unfair Labor Practices ,
Unions
In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in...more
4/12/2022
/ Collective Bargaining ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Physicians ,
Union Elections ,
Unions
Connecticut recently legalized recreational marijuana use by adults. The new law creates complex employment protections for recreational marijuana users. The same legislation also includes provisions that strongly encourage...more
9/21/2021
/ Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Marijuana Related Businesses ,
NLRA ,
NLRB ,
Preemption ,
Union Organizers ,
Unions
Introduction -
Many employers are hopeful that a vaccine for COVID-19 will be the silver bullet that will enable employers to return to some semblance of a pre-COVID workplace. Assuming a vaccine is developed, can an...more
9/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Free Speech ,
Infectious Diseases ,
NLRA ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Title VII ,
Vaccinations
On Saturday, May 30, 2020, one day before the effective date of the National Labor Relations Board’s Final Rule on Representation Case Procedures, a judge on the U.S. District Court for the District of Columbia issued a...more
In Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center, 368 NLRB No. 139 (2019), the National Labor Relations Board reversed yet another decision issued during the prior administration, and returned to...more
12/24/2019
/ Bethlehem Steel ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Negotiations ,
Contract Terms ,
Dues Checkoff ,
Employee Contributions ,
Labor Relations ,
NLRA ,
NLRB ,
Statutory Requirements ,
Union Dues ,
Unions
In a 3-1 decision, the National Labor Relations Board (Board) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), adopted a new standard that applies to an employer’s anticipatory withdrawal of union recognition, and...more