News & Analysis as of

Collective Bargaining Employees Employer Liability Issues

Pullman & Comley - Labor, Employment and...

The FOIA and Eliminating Positions/Employees

Among other things, the FOIA provides that a public agency may enter into executive session for the purpose of discussion “concerning the appointment, employment, performance, evaluation, health or dismissal of a public...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2024 Year-End Review

The hits just kept coming from the National Labor Relations Board in 2024. The final year of the Biden board produced a flurry of decisions that kept labor practitioners on their toes. It seemed that each month, there was a...more

Ballard Spahr LLP

On Eve of New Administration (and new Board Composition), NLRB Limits Employer’s Ability to Make Unilateral Changes

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On Tuesday, December 10, the National Labor Relations Board (NLRB) issued a decision that will make it more difficult for a unionized employer to make unilateral changes to working conditions. The decision, Endurance...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Quarles & Brady LLP

Wisconsin Court Strikes Down Major Portions of Act 10 Affecting Public Sector Employees’ Collective Bargaining Rights

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On December 2, 2024, a Dane County, Wisconsin Circuit Court issued a landmark decision striking down portions of 2011 Wisconsin Act 10 (“Act 10”) and thus affecting the collective bargaining rights of public sector employees...more

Polsinelli

The NLRB Boomerangs Back to 1969 Standard for Employer Statements Regarding Unionization Efforts

Polsinelli on

On November 8, 2024, the National Labor Relations Board (“NLRB”) issued a decision in Siren Retail Corp. d/b/a Starbucks, throwing out an almost 40-year-old rule that categorically allowed employers to tell their employees...more

Bradley Arant Boult Cummings LLP

Not Your Grandparents’ Unions: NLRB Sees Large Rise in Organizing Petitions

The National Labor Relations Board and unions have been busy. The NLRB received 3,286 union election petitions during FY 2024, up 27% since FY 2023 (when the NLRB received 2,593 petitions) and more than double the number of...more

Littler

Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

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In National Labor Relations Board v. Metro Man IV, LLC, Case No. 07-CA-264407 (6th Cir. Aug. 29, 2024), the U.S. Court of Appeals for the Sixth Circuit partly upheld and partly reversed a National Labor Relations Board...more

A&O Shearman

Tesco Express and implied terms put paid to firing and rehiring

A&O Shearman on

The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous...more

CDF Labor Law LLP

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

CDF Labor Law LLP on

On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

Seyfarth Shaw LLP

When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more

Sheppard Mullin Richter & Hampton LLP

U.S. District Court Grants 10(j) Injunctive Relief and Requires Employer to Bargain With Union That Lost Secret Ballot Election

On May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”) that was filed by the...more

Rumberger | Kirk

Supreme Court Says Forced Job Transfers Must Cause Harm, But it Doesn’t Have to be Significant

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In Muldrow v. City of St. Louis, the U.S. Supreme Court considered what protections Title VII of the Civil Rights Act of 1964 provides to employees who claim they were the victims of a discriminatory transfer....more

Ius Laboris

Argentina’s new president issues emergency decree on labour matters

Ius Laboris on

In November 2023, the economist Javier Milei was elected as the new president of Argentina. He took office in December 2023. One of his first measures was to issue an emergency decree that included a chapter dealing with...more

Bodman

Unions Are Seeking to Organize in Non-Traditional Industries, Including Financial Services

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Union organizing efforts are not limited to historical union strongholds such as manufacturing, construction, and the public sector. Even though unions currently represent only about 1.3% of the financial services industry,...more

Burr & Forman

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

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For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Robinson+Cole Manufacturing Law Blog

Manufacturers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election.  The NLRB’s new standard (announced in Cemex Construction...more

Akerman LLP - HR Defense

Cemex Construction NLRB Decision

It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue...more

Littler

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

Littler on

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

Ballard Spahr LLP

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition

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On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,...more

Littler

NLRB’s Cemex Decision - Not Exactly Card Check, but Awfully Close

Littler on

On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) released its highly anticipated decision in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115.  Cemex involved allegations...more

Stevens & Lee

Historic NLRB Decision Changes When Employers Must Recognize and Bargain with Unions

Stevens & Lee on

In a monumental sea change, on August 25, 2023, the National Labor Relations Board (NLRB) issued a decision in Cemex Construction Materials Pacific, LLC announcing a new rule for deciding when employers must bargain with...more

Littler

150 Questions & Answers: Decent Work Agenda

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Introduction This practical guide aggregates a total set of 150 questions and answers regarding the Law no. 13/2023, of April 3rd (called "2023 Reform”, with the Rectification Declaration no. 13/2023, of May 29th), which aims...more

Littler

Supreme Court of Puerto Rico Rules PR-DOL Christmas Bonus Exemption Decree Was Inapplicable to Unionized Employees

Littler on

On June 30, 2023, the Supreme Court of Puerto Rico issued an Opinion and Order interpreting an employer’s obligation to pay the Christmas Bonus to employees covered by a Collective Bargaining Agreement (CBA).  Writing for the...more

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