The National Labor Relations Board (“NLRB” or “Board”) capped off an extremely busy week, by issuing another precedent-reversing decision, on the last day of Republican Member John Ring’s 5-year term. In Bexar County II, 372...more
On the eve of the last day of Member Ring’s term, and in the third in a string of significant rulings by the National Labor Relations Board (“NLRB” or “Board”) (which we reported on here and here)—with potentially more to...more
As we previously discussed in June 2022, the National Labor Relations Board (“NLRB” or the “Board”) pursued a 10(j) injunction against a Starbucks in Buffalo, New York after it fired workers for allegedly engaging in union...more
11/28/2022
/ Amazon ,
Cease and Desist ,
Corporate Counsel ,
Injunctions ,
Injunctive Relief ,
NLRA ,
NLRB ,
Starbucks ,
Termination ,
Unfair Labor Practices ,
Unions
As foreshadowed by the National Labor Relations Board’s (the “Board”) Spring 2022 rulemaking agenda (discussed in our prior post here), Chair Lauren McFerran, Member Gwynne A. Wilcox, and Member David M. Prouty published a...more
The U.S. Supreme Court’s upcoming term will include review of whether the National Labor Relations Act (the “Act”) preempts state court lawsuits for property damage caused during strikes, which could have significant...more
As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) has indicated that it is committed to considering consequential damages as a possible make-whole remedy applicable to damages both caused by an...more
In a continuation of the current National Labor Relations Board’s (“NLRB” or “Board”) reversal of recent precedent established by the NLRB under the prior administration, on August 29, 2022, the Board held that Tesla, Inc.’s...more
Coming on the heels of the Labor Day holiday, in a long anticipated move, the National Labor Relations (“NLRB”) Board issued a draft of a new proposed joint employer standard, scheduled to be published on September 7, 2022. ...more
As promised (see prior post here), we are providing an update on the Third Circuit’s decision in Care One Management LLC et al. v. United Healthcare Workers East, et al. As we addressed at the time, this cased involved...more
On June 28, 2022, the National Labor Relations Board (“NLRB”) voted to uphold the so-called “successor bar doctrine” in Hospital Menonita de Guyama, Inc. This doctrine provides incumbent unions with an irrebuttable...more
On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking...more
In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more
5/31/2022
/ Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Regulatory Agenda ,
Union Elections ,
Union Organizers ,
Unions
With Congress failing to make the organizing process easier for unions, the NLRB General Counsel Jennifer Abruzzo is now asking the Board to require employers to recognize unions without a secret ballot election.
As...more
4/14/2022
/ Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Secret Ballot ,
Union Elections ,
Unions
For decades, employers had been free to gather employees to discuss – in a non-coercive manner – the employer’s views on unionization, and had been free to share with employees what employees’ rights were with respect to the...more
On March 30, 2022, three judge panel of the Third Circuit Court of Appeals unanimously overruled prior precedent allowing “implied” contracts to survive the expiration of a written agreement. The instant panel held, instead,...more
On February 1, 2022, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB”) announced a new initiative encouraging NLRB Regions to seek injunctive relief under Section 10 of the National Labor Relations Act...more
The Third Circuit issued a noteworthy split 2-1 decision last month, finding that a company’s claim under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) against several Unions failed, where the...more
1/10/2022
/ Abuse of Process ,
Collective Bargaining ,
Extortion ,
Healthcare Workers ,
Hobbs Act ,
Interference Claims ,
Labor Relations ,
RICO ,
Unfair or Deceptive Trade Practices ,
Union Organizers ,
Unions
On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA. ...more
12/16/2021
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions
As we have discussed previously, Congressional Democrats have been attempting to amend the National Labor Relations Act (“NLRA”) for the last few years. ...more
12/13/2021
/ Civil Monetary Penalty ,
Collective Bargaining ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
NLRA ,
NLRB ,
Proposed Legislation ,
Regulatory Agenda ,
Unfair Labor Practices ,
Unions
The ability to form smaller bargaining units by breaking up larger aspects of an employer’s organization—sometimes called “micro-units”—is generally seen as an effort to enhance the ability of unions to gain entry into an...more
Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...more
12/6/2021
/ Administrative Law Judge (ALJ) ,
Attorney-Client Privilege ,
Discovery ,
Discovery Disputes ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Google ,
Labor Relations ,
NLRA ,
NLRB ,
Retaliation ,
Subpoenas ,
Unions ,
Work-Product Doctrine
As we discussed here, members of the House Education and Labor Committee have been attempting to end-run the procedural hurdles that have prevented the Protect the Right to Organize Act (“PRO Act”) legislation from becoming...more
10/29/2021
/ Budget Reconciliation ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
NLRA ,
Penalties ,
Regulatory Agenda ,
Regulatory Violations ,
Rulemaking Process ,
Unfair Labor Practices ,
Unions
As we have discussed in previous posts, the Protect the Right to Organize Act (“PRO Act”), which would drastically and fundamentally change the nature and scope of the National Labor Relations Act (“NLRA”) and...more
9/10/2021
/ Budget Reconciliation ,
Federal Budget ,
Labor Reform ,
Legislative Agendas ,
Lockouts ,
NLRA ,
NLRB ,
Penalties ,
Regulatory Agenda ,
Right to Strike ,
Unfair Labor Practices ,
Union Organizers ,
Unions
The recently-sworn in General Counsel of the National Labor Relations Board, Jennifer Abruzzo, has had a busy month, setting the stage for a slate of new enforcement initiatives. First, the GC issued Advice Memorandum 21-04...more
Less than a month after being sworn in as the new General Counsel of the NLRB, Jennifer Abruzzo defined a bold new direction for the Board’s enforcement priorities in a memo issued on August 12, 2021. The memo, Mandatory...more
8/16/2021
/ Employee Handbooks ,
Employee Rights ,
Independent Contractors ,
Labor Relations ,
Misclassification ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Regulatory Agenda ,
Right to Strike ,
Strategic Enforcement Plan ,
Union Dues ,
Unions ,
Weingarten Rights