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Labor Regulations › Employee Rights › Unfair Labor Practices

McAfee & Taft

New NLRB guidance emphasizes need for ‘prompt and fair’ settlements in unfair labor practice disputes

McAfee & Taft on

Settlements of unfair labor practice charges appear to be returning to more traditional standards under new guidance from Acting General Counsel of the National Labor Relations Board William B. Cowen. Unfair labor practice...more

Husch Blackwell LLP

The Labor Law Insider - How Unions Are Navigating Trump 2.0, Part I

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Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr to the show for a two-part episode to discuss how organized labor has approached the early days of Trump 2.0. Among other actions, the administration dismissed the...more

Cozen O'Connor

Acting NLRB General Counsel Sets New Direction with Rescission Memorandum

Cozen O'Connor on

For the second time in four years, a U.S. president has quickly dismissed the general counsel of the National Labor Relations Board (NLRB), and replaced them with a new acting general counsel, who then immediately issued a...more

Payne & Fears

The NLRB Rescinds Certain General Counsel Memoranda

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On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 25-05, rescinding certain memoranda issued by the former General Counsel. Former General Counsel Jennifer A....more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2024 Year-End Review

McNees Wallace & Nurick LLC on

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

Baker Donelson

NLRB Places Further Restrictions on Employers: Captive Audience Meetings Restricted

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The National Labor Relations Board (the Board) voted 3-1 (along party lines, with Member Kaplan dissenting) on November 13, 2024, to prohibit so-called "captive audience" meetings.1 In doing so, the Board overturned...more

Littler

NLRB Jettisons 76-Year-Old Precedent Covering Workplace Meetings

Littler on

Since 1948, Section 8(c) of the National Labor Relations Act (NLRA) had been interpreted to protect the First Amendment right of employers to bring employees together to exchange views, arguments, and opinions about...more

Parker Poe Adams & Bernstein LLP

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

Parker Poe Adams & Bernstein LLP on

During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more

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

NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

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On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act...more

Williams Mullen

Tales From the NLRB: More Remedies More Often

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On April 20, 2023, the National Labor Relations Board (Board) committed itself to imposing more remedies more often when dealing with parties “who have shown a proclivity to violate the National Labor Relations Act (NLRA) or...more

Perkins Coie

NLRB Upholds Johnnie’s Poultry Standard in Sunbelt Rentals, Inc. Decision

Perkins Coie on

Employers investigating unfair labor practice claims can breathe a little easier, as the National Labor Relations Board (NLRB or the Board) upheld the longstanding Johnnie’s Poultry standard for conducting interviews with...more

Proskauer - Labor Relations Update

Appellate Court Reverses NLRB, Holding Tweet About “Salt Mines” Not an Unfair Labor Practice

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Last week, the Third Circuit reversed a National Labor Relations Board (“NLRB”) decision finding that FDRLST Media, publisher of online news magazine The Federalist, unlawfully threatened its employees when its Executive...more

Stinson LLP

Are Captive-Audience Meetings and Secret-Ballot Elections About to Vanish?

Stinson LLP on

Uncertainty looms as NLRB General Counsel seeks to upend a combined 127 years of settled labor law to help unions organize workplaces Labor law has long been somewhat prone to uncertainty and inconsistency. - Each new...more

Littler

D.C. Circuit Rejects NLRB’s Attempt to Certify Union Vote by University Adjunct Faculty

Littler on

The D.C. Circuit recently rebuffed the National Labor Relations Board’s attempt to assert jurisdiction over adjunct faculty at Duquesne University, a religious college. Duquesne University v. NLRB, No. No. 18-1063 (D.C. Cir....more

FordHarrison

California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in...

FordHarrison on

As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions....more

Akerman LLP - HR Defense

NLRB Clarifies Standard for Reviewing Workplace Polices, Finds Confidentiality and Media Contact Policies Lawful

Akerman LLP - HR Defense on

Applying its new standard for determining whether employer policies violate the National Labor Relations Act (NLRA), a divided National Labor Relations Board (Board) upheld policies prohibiting employee disclosure of client...more

Laner Muchin, Ltd.

National Labor Relations Board Proposes Three Amendments To Protect Employee Free Choice

Laner Muchin, Ltd. on

On August 9, 2019 the National Labor Relations Board (NLRB) announced that it would be proposing three amendments to its regulations which govern the filing and processing of representation petitions. The first amendment...more

Seyfarth Shaw LLP

NLRB Issues Notices Of Proposed Rule Making To Codify Certain Union Election Procedures

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Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more

Ballard Spahr LLP

Round 1: NLRB Issues First Set of Proposed Rule Changes to Election Procedures

Ballard Spahr LLP on

On August 12, 2019, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rule Making, which seeks to amend the NLRB’s current regulations regarding union election procedures. The proposed rules are the first...more

Franczek P.C.

The First Rollout of Proposed Amendments to the NLRB’s Election Rules

Franczek P.C. on

On August 9, 2019, the National Labor Relations Board (NLRB) issued the first of its planned series of highly anticipated proposed amendments to its union election procedures. These proposed amendments follow the NLRB’s...more

Polsinelli

NLRB Issues Proposed Rule on Union Election Policies

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On August 9, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued the first of an anticipated sequence of regulations addressing certain union election procedures.  The proposed rule, published in the Federal...more

Littler

National Labor Relations Board Proposes Rulemaking Concerning Certain Union Representation Processes

Littler on

On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103.  The first...more

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