The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more
12/16/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Employer Liability Issues ,
Employment Contract ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions ,
Wage and Hour ,
Waivers
In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more
9/22/2023
/ Collective Bargaining ,
Contract Negotiations ,
Corporate Counsel ,
Discipline ,
Duty to Bargain ,
Employee Handbooks ,
Employer Liability Issues ,
Independent Contractors ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Repeat Violations ,
Severance Agreements ,
Unfair Labor Practices ,
Union Elections ,
Union Organizers ,
Unions
Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more
The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures...more
The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more
5/11/2023
/ Abusive Acts ,
Collective Bargaining ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Misconduct ,
Federal Contractors ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Subcontractors ,
Unfair Labor Practices ,
Unions
President Joe Biden signed legislation imposing a collective bargaining agreement between freight carriers and railroad unions, avoiding a nationwide strike. Congress passed the bill utilizing its authority under the Railway...more
The National Labor Relations Board has proposed reversing the current joint-employer standard, which took effect on April 27, 2020. The new rule would revert to the Obama-era standard for determining joint-employer status...more
10/10/2022
/ Airports ,
Architects ,
Collective Bargaining ,
Food Service Workers ,
Joint Employers ,
MLB ,
NLRA ,
NLRB ,
Railways ,
SMART ,
Strike ,
Supply Chain ,
Unions ,
Wage and Hour
1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher...more
9/12/2022
/ Collective Bargaining ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Legal Fees ,
NLRB ,
Reimbursements ,
Teamsters ,
Unions ,
Wage and Hour ,
Willful Misconduct
The National Labor Relations Board (“NLRB” or “the Board”) has proposed a new rule for determining joint employer status under the National Labor Relations Act (“NLRA”)....more
1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more
6/16/2022
/ Collective Bargaining ,
Corporate Counsel ,
Decertification ,
Employee Rights ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Twitter ,
Union Organizers ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board...more
5/10/2022
/ Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
GAO ,
NLRA ,
NLRB ,
Opt-Outs ,
Secret Ballot ,
Unfair Labor Practices ,
Union Elections ,
Unions
1. The National Labor Relations Board General Counsel’s office is advocating for overturning Trump-era Board cases defining the scope of National Labor Relations Act-protected activity. In a brief filed on January 14, The...more
2/7/2022
/ Administrative Law Judge (ALJ) ,
Bureau of Labor Statistics ,
Collective Bargaining ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Foreign Workers ,
Memorandum of Understanding ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unions
1. The National Labor Relations Board (NLRB), its Regions 2 (New York), 22 (Newark), and 29 (Brooklyn) and the Consulate General of México in New York have signed an agreement formalizing the relationship between the NLRB and...more
On October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section 8(a)(5) of the National...more
1. Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn...more
An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor Relations Board (NLRB)....more
The National Labor Relations Board (NLRB) declined to modify its “contract bar” rule. Under NLRB procedure, once a collective bargaining agreement (CBA) is executed, the Board will not process a request for a representation...more
A revived “Protecting the Right to Organize Act,” or PRO Act, has passed the House of Representatives again. The sponsors described the bill as comprehensive labor legislation aimed at bolstering workers’ collective...more
1. On February 4, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. The sponsors described the bill as comprehensive labor legislation aimed at bolstering workers’ collective bargaining...more
3/11/2021
/ Appellate Courts ,
Biden Administration ,
Collective Bargaining ,
Employee Rights ,
Employer Liability Issues ,
Labor Disputes ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Right to Strike ,
State Labor Laws ,
Unions ,
Wage and Hour
More than five years and a pandemic later, the National Labor Relations Board (NLRB) has clarified a successor employer’s union bargaining obligations regarding layoffs under the National Labor Relations Act. Tramont...more
1. The National Labor Relations Board (NLRB) has signaled its intention to amend its criteria for ordering mail-ballot elections, even as some regional offices are directing mail-ballot elections due to the COVID-19 pandemic....more
Peter B. Robb, the General Counsel (GC) of the National Labor Relations Board (NLRB) has issued a Memorandum setting forth summaries of NLRB decisions about unionized employers’ duty to bargain in emergency situations. The...more
Businesses that seek financial assistance under the Coronavirus Aid, Relief, and Economic Security (CARES) Act will be subject to several unique restrictions that could dramatically affect a company’s future. While the...more
3/27/2020
/ CARES Act ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Loans ,
Financial Stimulus ,
Loans ,
Offshoring ,
Outsourcing ,
Proposed Legislation ,
Small Business ,
Unions
The Virginia General Assembly has passed legislation that paves the way for Virginia counties, cities, and towns to adopt local ordinances or resolutions authorizing collective bargaining with labor unions on behalf of public...more