Collective Bargaining

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Federal Judge Says NLRB’s Revised Election Rule Was Improperly Implemented (US)

UPDATE: June 1, 2020: The NLRB announced via a press release and General Counsel memorandum that notwithstanding the judge’s order remanding the rule to the NLRB for reconsideration, “it will implement in full all of the rule changes unaffected by the recent U.S. District Court order.”  Accordingly, the following provisons in the rule are in … Continue Reading

NLRB Adopts A Bright-Line Rule Voiding Union Election Ballots With Stray Marks (US)

With almost all of the current news being focused on coronavirus-related topics, it’s easy to forget that courts and agencies continue to do their jobs, issuing decisions and opinions. On occasion, one of those decisions is significant enough to warrant a distraction from all things COVID-19. A recent National Labor Relations Board (NLRB or Board) … Continue Reading

NLRB General Counsel Issues Memorandum Summarizing Bargaining Obligations During Emergency Situations (US)

For those employers whose employees are represented by labor unions, the extraordinary circumstances brought about by the COVID-19 pandemic have presented unique complications not shared by their employer counterparts whose operations are union-free.  Under the National Labor Relations Act (NLRA), an employer is obligated to bargain with its employees’ exclusive bargaining representatives concerning mandatory subjects … Continue Reading

WEBINAR 16 March 2020: Addressing Coronavirus Practically and Legally: What US Employers Need to Know

The coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus,” is now impacting employers all across the US.  Every organization should have a plan of action in place concerning the coronavirus as the threat of an outbreak at your workplace cannot be ignored. Please join us for a live webinar on Monday, March 16, 2020 … Continue Reading

Coronavirus Disease 2019 (COVID-19) – Legal Issues in the US

Although the coronavirus disease 2019 (COVID-19), commonly referred to as the “coronavirus,” remains a developing situation, it has begun affecting the US in major ways.  With cases now reported throughout the US, every organization should have a plan of action in place concerning the coronavirus.  Although every business faces unique considerations, a cross-disciplinary team of … Continue Reading

NLRB Releases Multiple Advice Memoranda Covering a Range of Hot Button Topics (US)

Memos provide guidance on a variety of topics, including employer confidentiality policies and arbitration agreements As you may recall from our previous blog posts, National Labor Relations Board (“NLRB” or “Board”) advice memoranda are issued by the agency’s Division of Advice, which is part of the NLRB’s Office of the General Counsel (the “General Counsel”).  … Continue Reading

NLRB Issues New Rules and Several Key Precedent-Changing Decisions (US)

The National Labor Relations Board issued a slew of precedent-changing decisions this month, as well as significant changes to its rules and regulations. These new rules and decisions will change labor law in several key ways for both union and non-union employers, including during union elections, during internal investigations, when employees seek to use work … Continue Reading

DOL’s September Opinion Letters Address CBA and FMLA Conflicts and Retail and Service Overtime Exemption (US)

The United States Department of Labor’s (“DOL”) Wage and Hour Division issued two opinion letters on September 10, 2019, addressing certain aspects of the federal Family and Medical Leave Act (“FMLA”) and Fair Labor Standards Act (“FLSA”). DOL opinion letters are not binding law, but provide guidance into how the DOL interprets the laws that … Continue Reading

Summer Vacation Is Definitely Over At The NLRB (US)

Between August 29 and September 10, the National Labor Relations Board (“NLRB” or “Board”) issued four decisions that resolve important issues that have been the subject of long-running disputes.  It also issued an invitation to submit briefs in a case that provides an opportunity for the current Board majority members to revise the standard for … Continue Reading

National Labor Relations Board Limits Another Union Tactic (US)

On June 14, 2019, the National Labor Relations Board (“NLRB”) issued another favorable decision for employers who might find themselves facing union organizing activities or other types of union solicitation.  This latest decision will make it significantly more difficult for unions to solicit employees, strategize with supporters, or engage in similar activities on an employer’s … Continue Reading

NLRB Signals It May Claw Back Scabby The Rat (US)

One of labor unions’ key tactics relies prominently on balloon animals. Since the late 1980s, unions have used large inflatable animals – such as the infamous Scabby the Rat – to pressure employers and advertise labor disputes without running afoul of certain legal obligations. As we recently discussed on this blog, however, one recent court … Continue Reading

“Scabby the Rat” Deflated When The Seventh Circuit Moves His Cheese (US)

Most business owners would shudder at the thought of rats being on their premises, but one rat is particularly unwelcome to employers – “Scabby the Rat.”  This red-eyed, rather vicious looking rat-shaped balloon (sometimes as tall as 25 feet) has become a symbol used by labor unions across the country to publicize that they have … Continue Reading

Former NLRB Chairman Pearce Withdraws From Consideration for Open Board Seat (US)

Former National Labor Relations Board (“NLRB” or “Board”) two-term Chairman and Member Mark Gaston Pearce announced on February 6, 2019 that he would not seek renomination to the Board.  Mr. Pearce – a former union-side lawyer who was appointed by President Obama – served until the end of his second term on August 27, 2018.  … Continue Reading

Uncertainty Remains As DC Circuit Weighs In On NLRA Joint Employer Standard (US)

Much attention over the past few years has been given to the ongoing saga concerning the standard applied by National Labor Relations Board (“NLRB” or “Board”) to determine when two unrelated business entities share sufficient control over a group of employees such that they may be deemed “joint employers” under the National Labor Relations Act … Continue Reading

NLRB Clarifies How Employers May Respond When Unions Request Information About Tax Cut Savings and Other Matters (US)

Earlier this week, the National Labor Relations Board’s top prosecutor clarified how he views several key issues that arise when unions request information from employers. Board General Counsel Peter Robb confirmed that his office will not require employers to automatically inform unions about the amounts the employers have saved due to the recent federal tax … Continue Reading

Kentucky Supreme Court Dismisses Labor Unions’ Challenge to State Right-To-Work Law (US)

In 2017, the State of Kentucky enacted a right-to-work law, which, as you will recall from our prior posts (see here), bars employees from being required as a condition of employment to belong or financially contribute to a labor union.  (Kentucky was the 27th US state to pass a right-to-work law; in 2017, Missouri also … Continue Reading

The National Labor Relations Board Is Signaling A New Approach To Failure-To-Bargain Charges (US)

The National Labor Relations Board has recently signaled another key change for unionized employers. The Board may be on the verge of significantly expanding employers’ key defense to alleged failure-to-bargain unfair labor practice charges. Historically, the Board has made it particularly difficult for a unionized employer to adjust or update its operations in a way … Continue Reading

Join Us on October 10 for Our Annual NLRB Update Webinar (US)

The change in administration following the 2016 election resulted in a change in the political makeup of the National Labor Relations Board.  That, in turn, led to a number of significant changes in the law, affecting a wide range of labor relations issues and impacting both unionized and non-union employers.  Please join us on October 10 … Continue Reading

Municipal Right-to-Work Ordinance Struck Down by US Federal Appeals Court

Right-to-work laws prohibit employers from entering into union security or “closed shop” agreements with unions that require employees to join and financially support a union in order to obtain employment.  Twenty-seven U.S. states presently have such laws.  In some states that do not have these laws, cities have passed local right-to-work ordinances to apply to … Continue Reading

NLRB Clarifies Key Developing Issues for Union and Non-Union Employers (US)

As most union and non-union employers know, the National Labor Relations Board has updated its standards in several respects over the past year. For some of these updates, the Board has not comprehensively clarified how far they extend or when they apply. In an effort to help clarify employers’ obligations, the Board’s top prosecutor, General … Continue Reading

Federal Court: Franchisors and Other Businesses Do Not Create Joint Employment Via “Brand Protection” and Indirect Control (US)

Earlier this decade, hardly a week passed without some court or agency interpreting the joint employment doctrine more expansively than before. Although the National Labor Relations Board created many of these headlines by attempting to treat McDonald’s as the joint employer of its franchisees’ employees and expanding its joint employment test, many courts and other … Continue Reading

US Supreme Court Strikes Down Fair Share Fees for Public Sector Unions

By Wm. Michael Hanna, Emily R. Spivack, and Dylan Yepez On June 27, 2018, the United States Supreme Court decided in a 5-4 decision that public sector unions may no longer collect so-called “fair share” fees from non-members.  The decision will have broad implications for public sector unions and employers. Fair share fees are charged … Continue Reading

NLRB Announces New Approach for Addressing Joint-Employer Test, Alleged Conflicts of Interest (US)

On May 9, 2018, the National Labor Relations Board announced an interesting development regarding two key ongoing issues, i.e., the Board’s joint-employer standard and the alleged conflicts of interest of Member William Emanuel. This announcement also sheds light on how the Board may change other areas of federal labor law in the future.… Continue Reading

NLRB Developments Raise Questions About New Joint Employer Test (US)

The National Labor Relations Board experienced a setback on Monday, just two months after it overturned its predecessors’ employee-friendly test for determining when entities constitute joint employers. These developments create some uncertainty and, at a minimum, delay the Board from implementing the new test it created last December.… Continue Reading
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