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The Labor Law Insider: The Pandemic Economy - Do Recent Strikes Portend the Resurgence of Unions?
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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
An NLRB administrative law judge recently confirmed that a California hospital system had the right to keep replacement workers on the job for the duration of its contractual commitment to a staffing agency even though...more
Are unions making a historic comeback? The United Auto Workers union is simultaneously on strike against General Motors, Ford, and Stellantis for the first time in American history, California’s legislature passed a bill that...more
The Cozen Lens- • President Biden’s and former President Trump’s reactions to the United Auto Workers strike against the Big Three automakers underscores that neither political party can take the support of blue-collar...more
On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more
The Supreme Court recently heard arguments in a case that could make it easier for employers to sue and recover damages from labor unions that damage an employer’s property during a strike. The issue before SCOTUS in Glacier...more
At the Supreme Court - Recovery of Damages for Property Destroyed During a Strike. On January 10, 2023, the Supreme Court heard oral argument in Glacier Northwest v. International Brotherhood of Teamsters. At issue is...more
As we’ve previously reported, union organizing is on the upswing and the NLRB is beginning to issue decisions that reverse Trump-era precedents that were generally more favorable to employers. This is the first in what we...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Railroads Back on Track. After months of negotiating - and a very tense last few days - the national freight railroads have reached tentative agreements with the labor unions representing their employees. The agreements avert...more
Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more
The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more
Part 4: Work Stoppages - In a non-union setting, employees have the right to strike or otherwise refuse to work for almost any reason and they cannot normally be retaliated against for doing so. Although they can be...more
Essential Businesses (as defined by CISA and in various state “Shelter in Place” or “Stay at Home” orders) and their employees continue to fight the war against COVID-19 with great resolve and compassion....more