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Unfair Labor Practices Labor Relations Collective Bargaining

Foley & Lardner LLP

Did the Fifth Circuit Just Render the NLRB Helpless to Enforce Its Own Laws?

Foley & Lardner LLP on

A potentially massive shift in the labor relations arena — or at least the potential start of one — may have recently taken place. If so, the implications for leveraging collective bargaining negotiations and strategies in...more

Jackson Lewis P.C.

Many States’ Employee-Friendly Labor Laws Take Effect as NLRB Remains Quorum-Less

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The National Labor Relations Board remains without a quorum, leaving key decisions and enforcement actions on hold. In the meantime, state legislatures across the country have introduced new labor laws that increase employer...more

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

Walking the Line in Québec: Where Employer Freedom of Expression Ends and Union Interference Begins

A March 2025 Superior Court of Québec decision has sharpened the rules on what employers can and cannot say to unionized employees during collective bargaining. This article breaks down how the latest case law draws the line...more

CDF Labor Law LLP

NLRB Acting General Counsel Addresses Surreptitious Recording of Collective Bargaining Sessions

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The National Labor Relations Board (NLRB) has not previously addressed whether the surreptitious recording of collective bargaining sessions is a standalone violation of the National Labor Relations Act (NLRA). However, with...more

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

New Jersey Lawmakers Mull Stronger Labor Protections for Cannabis Industry Workers

New Jersey lawmakers recently advanced a bill that would expand labor protections for workers in the cannabis industry. If enacted, the measure—which provides stronger union organizing rights, protections for employee...more

Lippes Mathias LLP

Trust Issues: NLRB General Counsel Says No to Secretly Recording Bargaining Sessions

Lippes Mathias LLP on

In a world where it is far too easy to click ‘Record’, National Labor Relations Board (NLRB) Acting General Counsel William Cowen has pressed ‘Delete’ on a party’s ability to secretly record a collective bargaining session....more

Marshall Dennehey

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

Marshall Dennehey on

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

Fisher Phillips

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

Fisher Phillips on

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

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

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

Fisher Phillips

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

Fisher Phillips on

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

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

Stoel Rives - World of Employment

NLRB Waters Down Management Rights In Latest Union-Friendly Board Decision, But Potential Republican Board Majority In Early 2025...

Since 2019, employers have relied heavily on the management rights clauses in collective bargaining agreements to make unilateral workplace changes involving operational decisions.  They did so with the protection of the...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

Baker Donelson

NLRB Places Further Restrictions on Employers: Captive Audience Meetings Restricted

Baker Donelson on

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

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

Littler on

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

Bradley Arant Boult Cummings LLP

Not Your Grandparents’ Unions: NLRB Sees Large Rise in Organizing Petitions

The National Labor Relations Board and unions have been busy. The NLRB received 3,286 union election petitions during FY 2024, up 27% since FY 2023 (when the NLRB received 2,593 petitions) and more than double the number of...more

FordHarrison

Don’t Let Unions Sink Their Teeth into Your Property Rights

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July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to...more

Littler

NLRB Rescinds 2020 “Election Protection Rule”

Littler on

As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more

Miller Canfield

NLRB Issues New Rules on Union Representation

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On August 1, 2024, the National Labor Relations Board is set to roll out its Fair Choice-Employee Voice Rule, which includes three major changes...more

Foley & Lardner LLP

Cemex Decision Cements Increase in Petitions for Union Elections

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In April 2024, the National Labor Relations Board (NLRB or the “Board”) released statistics on union petitions and unfair labor practice charges for its 2024 fiscal year. The NLRB received 1,618 union petitions during the...more

Seyfarth Shaw LLP

When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB puts kibosh on American tradition of whiskey for votes

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

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