News & Analysis as of

Collective Bargaining Agreements (CBA) Collective Bargaining National Labor Relations Board

Jackson Lewis P.C.

Many States’ Employee-Friendly Labor Laws Take Effect as NLRB Remains Quorum-Less

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The National Labor Relations Board remains without a quorum, leaving key decisions and enforcement actions on hold. In the meantime, state legislatures across the country have introduced new labor laws that increase employer...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

Parker Poe Adams & Bernstein LLP

NLRB Requires Clear Waiver of Rights in CBA to Avoid Bargaining Obligation

When a union and employer negotiate the terms of a collective bargaining agreement (CBA), it is virtually impossible for the parties to predict and account for every issue that may affect the working relationship between them...more

Seyfarth Shaw LLP

Throwing Away the Contract In Favor of an Environment of Enduring Bargaining: Biden Board Expectedly Reinstates Waiver Analysis...

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As expected, on December 10, in Endurance Environmental Solutions LLC, 373 NLRB No. 141 (2024), the Democratic majority on the National Labor Relations Board (“NLRB” or “Board”) overruled MV Transportation, 368 NLRB No. 66...more

Fisher Phillips

Labor Board Makes it Harder for Employers to Make Unilateral Workplace Changes: 5 Steps for Employers

Fisher Phillips on

In a significant move, the National Labor Relations Board (NLRB) just overruled a Trump-era ruling and made it more challenging for unionized employers to make workplace changes without bargaining over the change with the...more

Shipman & Goodwin LLP

NLRB Limits Employer’s Right to Make Unilateral Change

Shipman & Goodwin LLP on

On Tuesday, December 10, 2024, the National Labor Relations Board (“the Board”) limited an employer’s right to make unilateral changes in the workplace, restoring one of “the oldest and most familiar doctrines” in labor law:...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

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

Adams & Reese

[Webinar] 2023 NLRB Year in Review - December 19th, 12:00 pm - 1:00 pm CST

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Adams and Reese Partner Michael MacHarg will lead a one hour CLE webinar to discuss important updates from the National Labor Relations Board over the past year. Registration is free. The webinar will take place Tuesday,...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

Fisher Phillips

What Goes Around Comes Around: Labor Board Limits Employer Actions During First Contract Negotiations and After a Contract Expires

Fisher Phillips on

This week the National Labor Relations Board kept its foot on the gas, issuing decision after decision each further weighing the scales in labor’s favor leading up to the expiration of Democratic Board member Gwynne Wilcox’s...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

Davis Wright Tremaine LLP

The Merry Go Round Continues – In Latest Reversal, NLRB Says Dues Checkoff Continues After CBA's Expiration

On Monday, October 3, 2022, in Valley Hospital Medical Center II, the National Labor Relations Board reversed a 50-year-old precedent, ruling that employers violate the National Labor Relations Act by unilaterally ceasing to...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...

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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

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