News & Analysis as of

Collective Bargaining Agreements (CBA) Employment Contract Unions

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

Second Circuit Renders Important Decision on Vested Retiree Benefits

In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox...more

Husch Blackwell LLP

Strike Averted: Longshoremen, USMX Reach Tentative Agreement on All Terms

Husch Blackwell LLP on

The International Longshoremen’s Association (ILA) and the United States Maritime Alliance (USMX) announced a tentative agreement on a new six-year contract. Both parties described the deal as a “win-win,” addressing the...more

Proskauer - Labor Relations Update

The Honeymoon is Over: Strikes on the Rise…Even Before A First Contract

While extensive high-profile strike activity was heavily reported throughout 2023, it was – striking– to analyze the hard data regarding 2023 strike activity in Bloomberg’s annual report that was just released. The report...more

Adams & Reese

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

Adams & Reese on

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

Littler

Connecticut Legislation Changes Overtime Rules for Nurses and Abrogates Collective Bargaining Rights of Private-Sector Hospitals

Littler on

Provisions included in a must-pass budget bill will make significant changes for Connecticut hospitals. These changes, which were embedded in the nearly 900-page Public Act 23-204 signed into law on June 12, 2023, revise...more

Weintraub Tobin

Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

Weintraub Tobin on

Section 7(a) of the NLRA Applies to More Than Just CBA Employees- In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other...more

Proskauer - Labor Relations Update

Third Circuit Takes Supreme Court Cue and Rejects “Implied” Union Contracts

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

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

Cohen Seglias Pallas Greenhall & Furman PC

New Administration, New Labor Laws: An Overview for 2021 and Beyond

President-elect Joseph Biden campaigned on a robust platform of labor and employment legislation. With a 50-50 split in the Senate, Vice President-elect Kamala Harris can be expected to break any ties on the Senate floor....more

McNees Wallace & Nurick LLC

NLRB Restores Decades Old Case Law Related to Employee Discipline Prior to Negotiation of a First Contract

The National Labor Relations Board has restored a prior standard, one that had stood for about 80 years before being overturned in 2016, which governs an employer’s duty to bargain over employee discipline during the time...more

Seyfarth Shaw LLP

NLRB Reinstates Decades-Long Precedent Allowing Employers to Discipline Newly Organized Employees Before a First Contract

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 23, 2020, the National Labor Relations Board reversed precedent and held in Care One at New Milford, 369 NLRB No. 109 (2020), that during negotiations for a first collective bargaining agreement,...more

Epstein Becker & Green

NLRB Restores Employer Rights to Discipline Newly-Unionized Employees Without Bargaining

Epstein Becker & Green on

On June 23, 2020, the National Labor Relations Board (“NLRB” or “Board”) overruled a 2016 decision that required employers to bargain over the discipline of employees during negotiations for a first contract. ...more

Proskauer - Labor Relations Update

NLRB Upholds Employer’s Bargaining And Demotions Post-Impasse As Lawful

In its January 31, 2020 decision in Phillips 66, 369 NLRB No. 13 (January 31, 2020) the Board reversed a number of findings of unfair labor practices found by an Administrative Law Judge related to the employer’s conduct...more

Carlton Fields

Third Circuit Affirms District Court Decision to Vacate Arbitration Award

Carlton Fields on

This case arises out of a dispute over a provision of a collective bargaining agreement entered into between Monongahela Valley Hospital Inc. and its employee, who was represented in the action by United Steel, Paper and...more

Sheppard Mullin Richter & Hampton LLP

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

Proskauer - Labor Relations Update

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

Ballard Spahr LLP

NLRB Revives Prior Standard on Arbitral Deference

Ballard Spahr LLP on

On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

Epstein Becker & Green

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by...

Epstein Becker & Green on

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more

Proskauer - Labor Relations Update

NLRB Dumps Longstanding “Clear and Unmistakable Waiver” Standard for More Employer-Friendly “Contract Coverage” Test

As we near the end of the agency’s fiscal year on September 30, the NLRB is churning out many significant decisions. On September 10, the Board issued a sweeping decision concerning an issue that has divided the NLRB and D.C....more

Hogan Lovells

The Protocol for the Legitimation of Existing Collective Bargaining Agreements (Mexico)

Hogan Lovells on

On July 31, 2019, the Ministry of Labor (the “ML”) published the Protocol for the Legitimation of existing Collective Bargaining Agreements (the “Protocol”). The legitimation process should take place before May 1, 2023....more

Proskauer - Labor Relations Update

Employer’s Grant of Extra Holiday to All Employees Except Those Represented by Union Not Unlawful, NLRB Rules

Employers with union-represented employees also always have non-union employees, whether working in the office or at another worksite. Invariably, there are differences between the wages, benefits, and terms and conditions of...more

Proskauer - Labor Relations Update

NLRB: Employer’s Reasons For Policy Changes Kept Union’s Information Request Alive Even After Proposals Withdrawn

Information requests in the realm of labor relations are simple in theory but can be complicated in practice. We have seen how the topics of information sought by a union can cause skirmishes, sometimes deliberately so. We...more

Fisher Phillips

When Union Contracts And Overtime Law Conflict: Court Provides Balance For Employers

Fisher Phillips on

The federal appeals court that oversees cases arising from California recently handed down an opinion that helps provide guidance to those employers trying to comply with collective bargaining agreements while simultaneously...more

Seyfarth Shaw LLP

Bar? None! Limboing Under the Contract-Bar Doctrine

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Employers may challenge whether unions still have majority support between the date that agreement on a collective bargaining agreement was reached and the date that the agreement becomes effective....more

Fisher Phillips

Will Your Workers Go On Strike This Week? What You Need To Know

Fisher Phillips on

Employee walkouts and protests are likely to occur on a large scale starting yesterday and lasting through Thursday, spurred on by the union-supported “Fight for $15” movement and in anticipation of the upcoming midterm...more

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