News & Analysis as of

Collective Bargaining Agreements (CBA) Collective Bargaining The National Labor Relations Act

Fisher Phillips

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

Fisher Phillips on

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

Morgan Lewis

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

Morgan Lewis on

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

Vedder Price

NLRB Weakens Ability of Employers to Rely on Management Rights Clauses in Collective Bargaining Agreements . . . For Now

Vedder Price on

On December 10, 2024, the National Labor Relations Board (NLRB or “the Board”) took advantage of its Democratic majority in the waning days of the Biden administration to issue its decision in Endurance Environmental...more

ArentFox Schiff

NLRB Limits Employer’s Ability to Make Unilateral Changes

ArentFox Schiff on

The National Labor Relations Board (NLRB) has reinstituted a union-friendly standard for determining whether an employer’s unilateral changes to the terms and conditions of employment violate the National Labor Relations Act...more

Harris Beach Murtha PLLC

NLRB Limits Employers’ Ability to Unilaterally Change Workplace Terms

Harris Beach Murtha PLLC on

The National Labor Relations Board (“NLRB”) recently overturned a 2019 ruling that made it easier for employers to modify terms and conditions of the workplace without bargaining with the union. Going forward, employers need...more

Morgan, Brown & Joy, LLP

The Pendulum Swings Again: NLRB (Re)Adopts “Clear and Unmistakeable Waiver” Standard in Duty to Bargain Cases

Morgan, Brown & Joy, LLP on

On December 10, 2024, the National Labor Relations Board issued a decision in Endurance Environmental Solutions, LLC, 373 NLRB No. 141 (2024), a case in which it reconsidered and reestablished the standard against which an...more

Husch Blackwell LLP

Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II

Husch Blackwell LLP on

In part two of this thought-provoking podcast episode on the tricky business of collective bargaining, Husch Blackwell attorneys Jon Anderson and Adam Doerr share war stories and real-life advice with host Tom Godar. Their...more

McNees Wallace & Nurick LLC

Just When You Thought You Were All Zippered Up . . .The NLRB Issues a New Decision on Zipper Clauses

If you are gearing up for union negotiations in 2024, do not miss the opportunity to review current and past practices that may not have been incorporated into expiring collective bargaining agreements.  Trust me, it will be...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more

Fox Rothschild LLP

In Latest Pro-Labor Rulings, NLRB Sharply Curtails Management’s Ability to Change Union Workers' Employment Terms

Fox Rothschild LLP on

In a pair of decisions issued on Aug. 30, 2023, the National Labor Relations Board (NLRB) established new, restrictive standards for evaluating when a unionized employer may avoid bargaining over changes to employees’ terms...more

Vedder Price

NLRB Continues to Rewrite the Rules to Limit Employers’ Authority

Vedder Price on

On Wednesday, August 30, 2023, the National Labor Board (“NLRB” or “the Board”) issued a pair of decisions—Wendt Corp., 372 NLRB No. 135, and Tecnocap LLC, 372 NLRB No. 136—that highlight the Board’s continued focus on...more

Hinshaw & Culbertson - Employment Law...

NLRB Reverses 50-Year Precedent and Lessens Standard for a Bargaining Order Without a Secret Ballot Election

The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2022 Year In Review

2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers. The Biden National Labor Relations Board (NLRB) dug in and got to work, reversing precedent and charting a course to reinterpret...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Laner Muchin, Ltd.

NLRB Rules Dues Checkoff Cannot Be Unilaterally Stopped Upon the Expiration of the CBA

Laner Muchin, Ltd. on

The National Labor Relations Board (NLRB) recently issued a decision which held that employers who currently do not remit union dues because of the expiration of a collective bargaining agreement (CBA) may be found to be in...more

McNees Wallace & Nurick LLC

NLRB Holds Employers Must Continue Dues Checkoff After Expiration of Collective Bargaining Agreement

In Valley Hospital Medical Center, 371 NLRB No. 160 (Sept. 30, 2022) (Valley Hospital II), a divided National Labor Relations Board held that employers must continue to deduct union dues from employees’ pay and remit such...more

Foley Hoag LLP

National Labor Relations Board Holds Employers Must Continue To Deduct Union Dues After Expiration Of Collective Bargaining...

Foley Hoag LLP on

With its decision in Valley Hospital Medical Center, the NLRB reversed its Trump-era precedent and held that dues checkoff provisions in collective bargaining agreements survive the expiration of the contract. Accordingly,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Says Dues Must Be Collected Post CBA, Reverses Course Once Again

​​​​​​​In a decision dated September 30, 2022, the National Labor Relations Board ruled that employers must continue to collect voluntarily authorized union dues from the paychecks of employees after the expiration of the...more

Fisher Phillips

More Money, More Problems? NLRB Rules that Employers Must Collect Union Dues After CBA Expiration

Fisher Phillips on

The National Labor Relations Board just ruled that employers must continue to collect union dues even after the collective bargaining agreement has expired, a decision that will require many businesses to alter their labor...more

Stevens & Lee

Reversal: NLRB Rules Dues Checkoff Provisions Survive CBA Expiration

Stevens & Lee on

Takeaway: The National Labor Relations Board’s (NLRB) recent decision to overturn prior case law applies retroactively to all pending cases. Employers currently refusing to remit union dues because of the expiration of a...more

Akin Gump Strauss Hauer & Feld LLP

CBA Exception Applies to Agreements Retroactively Waiving PAGA Claims

The Private Attorneys General Act (PAGA) contains two industry-specific provisions (Cal. Lab. Code §§ 2699.6 & 2699.8) allowing labor organizations in the construction and janitorial industries to waive the right to bring...more

Husch Blackwell LLP

Vaccine Mandates May Require Collective Bargaining

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On November 5, 2021, the U.S. Department of Labor, through the Occupational Safety and Health Administration (OSHA), issued an Emergency Temporary Standard to Protect Workers from Coronavirus (ETS). The ETS covers employers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Summer 2021

On the eve of his election, President Joe Biden promised to “be the most pro-union president you’ve ever seen.” True to his word, his administration has thus far granted organized labor’s every ask. Only 23 minutes into his...more

Littler

Aggressive vs. Bad Faith Bargaining: Where is the Line?

Littler on

The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to...more

Jackson Lewis P.C.

NLRB Finds Aggressive Bargaining Proposals Not Unlawful

Jackson Lewis P.C. on

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

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