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Labor Relations › Collective Bargaining › Administrative Law Judge (ALJ)

Fisher Phillips

Employers Still Need to Follow Tighter Standard When Unions Request Recognition: A Review of 2 Years of Post-Cemex Decisions

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Next month marks the second anniversary of a controversial National Labor Relations Board (NLRB) decision that overruled decades-old precedent and made it easier for unions to organize but harder for employers to counter...more

Littler

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

Littler on

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

Proskauer - Labor Relations Update

Ninth Circuit Buys a Circuit Split on Available Remedies Under the NLRA

Proskauer - Labor Relations Update on

On January 21, 2025, the U.S. Court of Appeals for the Ninth Circuit enforced a National Labor Relations Board (“NLRB” or the “Board”) order requiring Macy’s to provide workers with heightened remedies in response to an...more

Jackson Lewis P.C.

Uphill Battle for Employer Unilateral Changes as NLRB Returns to “Clear and Unmistakable Waiver” Standard

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The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...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

Constangy, Brooks, Smith & Prophete, LLP

NLRB puts kibosh on American tradition of whiskey for votes

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According to U.S. News & World Report, in 1758 George Washington was elected to the Virginia House of Burgesses after he plied voters with beer, whiskey, rum punch, and wine. He did so after a landslide loss three years...more

Paul Hastings LLP

NLRB Elevates Union Authorization Cards Over Secret-Ballot Elections to Compel Employers to Recognize Unions

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For more than 50 years, the National Labor Relations Board had held — with Supreme Court approval — that when a union claimed to represent an employer’s workforce, the employer could refuse to recognize the union, leaving the...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB limits employer opportunity to let employees vote on union representation

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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

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

Second Circuit Adopts “Contract Coverage” Standard as Governing Standard for Unilateral Changes

Proskauer - Labor Relations Update on

The NLRB’s “contract coverage” standard for determining whether a collective bargaining agreement privileges an employer to unilaterally change terms and conditions of employment received support last week from a federal...more

Proskauer - Labor Relations Update

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

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In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more

Sheppard Mullin Richter & Hampton LLP

An Employer’s Bargaining Table Complaints as to Poor Business Conditions Is Not a Claim of Poverty Entitling a Union to Business...

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While bargaining, unions often demand that employers produce information relevant to the bargaining process so that the union may fulfill its duties as bargaining representative. Under the law and absent some compelling...more

Sheppard Mullin Richter & Hampton LLP

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

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Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

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