News & Analysis as of

Collective Bargaining Labor Relations Employment Litigation

Marshall Dennehey

Ohio Supreme Court: City’s Refusal to Arbitrate Under Last-Chance Agreement Not an Unfair Labor Practice

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Ohio Council 8, AFSCMA, AFL-CIO v. City of Lakewood, 2025-Ohio-2052 -An employee of the Department of Public Works was on a last-chance agreement when he committed another fault and was terminated. The union demanded...more

Husch Blackwell LLP

The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I

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Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson to help him lead a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape the...more

Conn Maciel Carey LLP

D.C. Circuit Rejects NLRB’s “Irrational” View of Impasse

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Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more

Littler

Denying The Existence of a Bargaining Impasse Doesn’t Make It True, at Least Not in the D.C. Circuit

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On June 13, 2025, the D.C. Circuit refused to enforce an “irrational” Board order finding an employer violated its duty to bargain by declaring impasse. By declaring impasse, the employer sought to implement its last, best,...more

Tucker Arensberg, P.C.

Commonwealth Court Approves Unemployment Compensation Benefits to Striking Workers

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An economic strike is challenging for any employer. The likelihood, however, that it will achieve its bargaining goals will be substantially reduced if its striking employers can substitute unemployment compensation benefits...more

Genova Burns LLC

Trump Executive Order Targets Federal Unions and Sparks Legal Battle over Bargaining at 18 Agencies

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By Executive Order dated March 27, 2025, entitled, “Exclusions from Federal Labor-Management Relations Programs,” President Trump moved to end collective bargaining with unions at 18 federal agencies and urged them to void...more

Bricker Graydon LLP

Be Wary of Concerted Protected Activity

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We often get a raised eyebrow or a confused look when discussing the National Labor Relations Act (NLRA) or National Labor Relations Board (NLRB). For companies free from union activity and free from following a collective...more

McDermott Will & Schulte

Kein digitales Zugangsrecht – Gewerkschaft scheitert mit Klage gegen Adidas

Spätestens seit der Corona-Pandemie erfreut sich das Home-Office großer Beliebtheit: Rund ein Viertel aller Erwerbstätigen in Deutschland arbeitet zumindest teilweise aus dem Home-Office. Doch während das mobile Arbeiten...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

Relaciones Laborales en México: 4 Desarrollos Clave y 7 Consejos de Cumplimiento Principales a Medida que las Empresas...

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Las empresas en México han enfrentado cambios significativos en los últimos años con respecto a las leyes, regulaciones y prácticas laborales – y esto es particularmente cierto cuando se trata de relaciones laborales y...more

Fisher Phillips

Labor Relations in Mexico: 4 Key Developments and 7 Top Compliance Tips as Multinational Businesses Adapt to Recent Changes

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Businesses in Mexico have faced significant changes over the last few years regarding employment laws, regulations, and practices – and this is particularly true when it comes to labor relations and collective bargaining....more

CDF Labor Law LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

Judge Issues First Post-Cemex Bargaining Order Despite Employer Winning Union Election

As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more

Butler Snow LLP

The NLRB’s CEMEX Decision Provides Unions a Path to Becoming Employees’ Exclusive Representative Without a Guaranteed Election

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On August 25, 2023, the National Labor Relations Board (“NLRB”) reversed decades of established law with the release of its decision in Cemex Construction Materials Pacific LLC (“Cemex”), NLRB Case No. 28-CA-230115. Cemex...more

PilieroMazza PLLC

Remedies for NLRA Violations Now Include Consequential Damages: Important Takeaways for Employers

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Last year, the National Labor Relations Board (NLRB), the agency tasked with enforcing employee rights to organize and discuss terms of employment, issued a number of decisions that impacted U.S. labor law. One decision...more

Snell & Wilmer

NLRB Awards Bargaining Expenses to Union

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By Gerard Morales In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that...more

Littler

NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns

Littler on

On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more

Proskauer - Labor Relations Update

Overruling District Court, Second Circuit Affirms Individual Employees Are Bound By Arbitration Award Prosecuted By Their Union

On July 29, 2020, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) handed down what amounts to a significant win for the collectively-bargained dispute-resolution process set forth in the...more

Fisher Phillips

Labor Gets Wishlist Bill Passed In House

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The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more

Best Best & Krieger LLP

New 2020 Labor & Employment Laws for Public Agencies

Shauna Amon Writes About Public Employer New Laws in PublicCEO - California and federal courts, along with the state’s Public Employer Relations Board, handed down a number of decisions last year that will impact public...more

BakerHostetler

[Event] Master Class - Labor Relations and Employment: The Only Constant Is Change - February 27th, San Francisco, CA

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Please join us for BakerHostetler's “Labor Relations and Employment: The Only Constant Is Change” Master Class. This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline...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

Littler

México: Análisis Preliminar del Proyecto de Reforma a la Ley Federal del Trabajo

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En sesión sostenida el 3 de abril del presente año, la Comisión de Trabajo y Previsión Social de la Cámara de Diputados emitió la última versión del proyecto de decreto que reforma la Ley Federal del Trabajo (la “Ley”). ...more

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