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Labor Relations Collective Bargaining The National Labor Relations Act

Conn Maciel Carey LLP

Changes on the Horizon for the National Labor Relations Board

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A period of inactivity at the top adjudicative level of the National Labor Relations Board (NLRB) may soon be over with the potential appointment of two new Board members. Last week, the President nominated Scott Mayer and...more

Epstein Becker & Green

President Trump Announces Nominees for Two Vacant Seats on the National Labor Relations Board

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On July 17, 2025, President Trump announced that he was nominating Scott Mayer and James R. Murphy, both Republicans, to serve as Members of the National Labor Relations Board....more

Sheppard Mullin Richter & Hampton LLP

NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se...

As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) is likely to undergo substantial policy changes during President Trump’s second term. This process began when President Trump took the...more

Ballard Spahr LLP

NLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful

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The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In...more

Fisher Phillips

The Railway Labor Act: A Practical Guide For Employers In Air And Rail Transportation

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While most employers in the U.S. must comply with the National Labor Relations Act (NLRA), employers in the railroad and airline industries need to understand the Railway Labor Act (RLA) and how its unique requirements impact...more

Spilman Thomas & Battle, PLLC

The Pendulum Swings – Changes at the NLRB Under the Trump Administration

The installation of a new Administration with a fundamentally different philosophical identity once again foreshadows fundamental changes in the relationship between private sector employees and employers governed by the...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

Fisher Phillips

What Employers Need to Know About the Current State of the NLRB

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A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more

Proskauer - Labor Relations Update

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

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

Vedder Price

You Can’t Miss a Shot If You Don’t Show Up to the Game: Union Pulls Petition to Unionize Dartmouth Basketball Team

Vedder Price on

On December 31, 2024, Service Employees International Union, Local 560 (SEIU), the union seeking to represent the men’s basketball team at Dartmouth College, withdrew its petition to the National Labor Relations Board (NLRB),...more

Morgan Lewis

NLRB Returns to “Clear and Unmistakable Waiver” Test for Assessing Employer Unilateral Changes

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In Endurance Environmental Solutions, the National Labor Relations Board returned to the “clear and unmistakable waiver” standard for determining whether an employer may make changes to terms and conditions of employment...more

Littler

NLRB Returns to "Clear and Unmistakable Waiver" Standard for Unilateral Changes

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On December 10, 2024, the National Labor Relations Board issued a decision reinstating its prior standard for determining whether a union has contractually waived its right to bargain over changes to terms and conditions of...more

CDF Labor Law LLP

NLRB Reinstates Prior “Clear and Unmistakable” Standard For Waivers of Statutory Right to Bargain

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On December 10, 2024, the National Labor Relations Board (“NLRB”) delivered its decision in Endurance Environmental Solutions, LLC (Case 09-CA-273873 ), reinstating a prior NLRB standard pertaining to an employer’s obligation...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

Bodman

Mandatory “Captive Audience” Meetings Now Illegal

Bodman on

Since the 1940’s, the National Labor Relations Board (“the Board”) has held the position that mandatory meetings with employees where the employer expresses its views on unions, typically referred to as “Captive Audience...more

Robinson & Cole LLP

Legal Update: Three Major NLRB Updates Pose New Challenges for Employers

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As employers anticipate possible changes in labor policy stemming from the recent presidential election, they should also consider two recent National Labor Relations Board (Board) decisions and a General Counsel (GC)...more

Epstein Becker & Green

NLRB Finds Lawful Employer Statements to Employees Are Unlawful Going Forward

Epstein Becker & Green on

Just hours after it became clear that Donald Trump would be returning to the White House, the majority Democratic National Labor Relations Board (“NLRB”) showed no signs of slowing down its efforts to implement the Biden...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

Bodman

Beware of Union Organizing Pitfalls

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On October 14th, The National Labor Relations Board (“NLRB”) announced that the number of union organizing petitions filed from October 1, 2023 to September 30, 2024, more than doubled from the same period in 2021.  Petitions...more

Littler

The NLRB Decision on Mandatory Employer Meetings Has Other, Less Obvious Implications for Employers

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The recent NLRB decision finding that mandatory employer meetings involving unionization discussions are unlawful includes other points that will affect employers....more

Seyfarth Shaw LLP

Derivative Carriers Don’t Exist in the Air Industry, Says the NMB in Swissport

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In a recent advisory opinion following the National Labor Relations Board’s (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a...more

Polsinelli

The NLRB Overturns Another Longstanding Rule Involving Employers Expressing Views on Unionization to a “Captive Audience”

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On November 13, 2024, the National Labor Relations Board (“NLRB”) issued a sharply divided decision in Amazon.com Services LLC, overruling yet another decades-old rule and holding that captive-‍audience meetings violate...more

Parker Poe Adams & Bernstein LLP

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

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

Jackson Lewis P.C.

Labor Board New Fair Choice Rule Loophole for Construction Unions: What Employers Should Know

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The National Labor Relations Board’s Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule...more

Husch Blackwell LLP

Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II

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In part two of this thought-provoking podcast episode on the tricky business of collective bargaining, Husch Blackwell attorneys Jon Anderson and Adam Doerr share war stories and real-life advice with host Tom Godar. Their...more

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