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Bargaining Units Collective Bargaining Employer Liability Issues

Fisher Phillips

Is Darth Vader Luring AI to the Dark Side of Labor Law? Why Latest Union Battle Means Employers Should Proceed with Caution

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A video game developer needs to hope that the Force is with it as it squares off with a union over the use of artificial intelligence in the workplace. SAG-AFTRA just filed an unfair labor practice (ULP) charge against Epic...more

Husch Blackwell LLP

The Labor Law Insider - Decertification of Union Bargaining Unit: What’s Happening Today, Part II

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In this episode of the Labor Law Insider, attorneys Adam Doerr, Trecia Moore, and host Tom Godar continue their discussion of decertification petitions, focusing on some of the practical implications related to...more

Husch Blackwell LLP

Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today

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Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today In this episode of the Labor Law Insider, our host, Tom Godar, is joined by Husch Blackwell attorneys Adam Doerr and Trecia Moore to...more

Steptoe & Johnson PLLC

In Major New Decision, NLRB Authorizes Union Recognition Without Election

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On August 25, the National Labor Relations Board (the Board) issued a monumental decision in Cemex Construction Materials Pacific, LLC, enacting a new framework for unions to gain recognition without a formal representation...more

Perkins Coie

NLRB Returns to Obama-Era Microunit Standard

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On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more

Miller Canfield

NLRB Issues Twin Rulings Expanding the Scope of 'Make-Whole' Remedies and Easing Union Organizing Burdens

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​​​​​​​On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...more

Hinshaw & Culbertson - Employment Law...

General Counsel of NLRB Seeks to Revoke Right of Employers to Recognize a Union on a Voluntarily Basis and Insist on a Private...

Voluntary recognition of a union as the exclusive bargaining representative for employees within an identified bargaining unit of the employer can have potentially game-changing consequences for an employer. However, if the...more

Stikeman Elliott LLP

Time Out: British Columbia Arbitrator Dismisses Untimely Grievance

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In TC, Local 213 and Wolseley Canada Inc (“Wolseley”), the arbitrator enforced a collective agreement’s time limit clause to dismiss an untimely grievance. This decision is a rare example of an employer successfully enforcing...more

Proskauer - Labor Relations Update

Here We Go Again: NLRB Foreshadows A Potential Return To Micro-Units

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

Proskauer - Labor Relations Update

Recent Labor Victories for Adjunct Professors Signal Likely Uptick in Contingent Faculty Organizing

Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that adjunct, or contingent,...more

Proskauer - Labor Relations Update

No “Finite Fellows” in the Bargaining Unit – the Board Weighs in on Temporary Workers

When it comes to fellowship—and collective bargaining—it looks like “fellows” aren’t treated the same as their permanent status co-workers. In Phoenix News Times, LLC and The Newsguild–CWA, 370 NLRB No. 84 (Feb. 10, 2021),...more

Littler

NLRB Issues Reprieve for Unionized Employers Seeking to Make Unilateral Changes

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Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands.  Many employers signatory to a collective...more

FordHarrison

NLRB Changes Course on Unilateral Employer Action Standard

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In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the...more

Seyfarth Shaw LLP

NLRB Adopts “Contract Coverage” Standard, Making it Easier for Employers to Make Unilateral Changes Under their Collective...

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Seyfarth Synopsis: On September 10, in a 3-1 decision, the NLRB in MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), adopted the “contract coverage” standard in replacement for its previous “clear and unmistakable...more

Husch Blackwell LLP

The NLRB Pumps The Brakes On Union’s Accretion Efforts

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Unions commonly utilize clarification petitions to invoke accretion principles and try to bypass election procedures. However, the National Labor Relations Board’s recent decision in Recology Hay Road and Teamsters Local 315...more

McGuireWoods LLP

NLRB’s General Counsel Issues Guidance Following Board’s PCC Structurals, Inc. Decision

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In December 2017, the Office of the General Counsel issued Memorandum OM 18-05. This memorandum followed the Board’s decision in PCC Structurals, Inc., 365 NLRB No. 160 (Dec. 15, 2017), which overruled Specialty Healthcare &...more

Foley & Lardner LLP

Trump NLRB Reverses Rule on 'Micro-Units,' Continues Overhaul of Obama-Era Rulings

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As we discussed last week, the National Labor Relations Board (NLRB) has been working hard during the holiday season to reverse landmark decisions issued by the Obama-era Board. The Board’s efforts to reshape federal labor...more

Clark Hill PLC

NLRB Reverses Precedent on Key Employer Issues

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Last week, the National Labor Relations Board reversed several controversial decisions of the Obama-era Board, all of which will significantly impact employers. The cases redefine joint employment, create a new analysis for...more

Jackson Lewis P.C.

Unwrapping Late Year NLRB Decisions – Next Steps For Your Organization To Consider

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Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more

McCarter & English, LLP

NLRB and Joint Employment – The Board Continues to Blur the Line Between Employers and Employment Agencies

Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as...more

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