Archives: Collective Bargaining

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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

National Labor Relations Board Overrules Controversial Decision Facilitating Union Organizing of Micro-Units

NLRB walks back Specialty Healthcare decision, eliminates “overwhelming community of interest” standard in deciding employer challenges to union-proposed bargaining units On December 15, 2017, in a 3-2 ruling in PCC Structurals, Inc., the National Labor Relations Board (“NLRB” or “Board”) overruled its controversial 2011 decision in Specialty Healthcare & Rehabilitation Center of Mobile (“Specialty Healthcare”).  … Continue Reading

Major Developments for Union and Non-Union Employers – NLRB Announces New Standards For Employment Policies, Joint Employment, and Signals Change In Election Rules

The National Labor Relations Board (NLRB or Board) issued two groundbreaking decisions on December 14, which will give both union and non-union employers significantly more flexibility to manage their operations.  Earlier this week, the Board also signaled that it will revise the “quickie” election rules implemented in 2015 in the near future.  These developments will … Continue Reading

New NLRB General Counsel Issues Internal Memorandum Signaling Beginning of Shift in NLRB Policy

On December 1, the newly sworn-in General Counsel of the National Labor Relations Board (“NLRB” or “Board”) Peter J. Robb issued an internal NLRB memorandum (which was subsequently released to the public) that does more than just hint at changes to come in Board policy on many of the hot button issues that have been … Continue Reading

US Supreme Court to Hear Challenge to Public-Sector Union Fees

On September 28, 2017, the US Supreme Court agreed to hear a challenge to the so-called “fair share” fees public employee unions collect from non-members. The justices agreed to hear a case brought by non-union government employees in Illinois that targets fees that their state and many others compel such workers to pay to unions … Continue Reading

The form labor agreement that’s making headlines in Japan

Last week, Japanese newspapers reported that a national medical research center in the suburbs of Osaka had entered into a so-called “36 agreement” with its doctors and nurses in 2012, allowing these employees to work up to 300 hours of overtime per month and up to 2,070 hours of overtime per year. (To be clear, … Continue Reading

DC Circuit Says Nurses Not Improperly Denied Weingarten Rights During Peer Review Investigation Interview

One of the long-standing rights under the National Labor Relations Act (“NLRA”) is for union-represented employees to be accompanied by a union representative at workplace investigatory interviews that the employee reasonably believes may result in disciplinary action.  These rights are referred to as “Weingarten” rights after the case, NLRB v. Weingarten, Inc., in which the … Continue Reading

Senate Confirms Trump NLRB Nominee Marvin Kaplan; Delays Confirmation of William Emanuel

On June 19, we predicted that the Trump administration was expected to formally announce attorneys Marvin Kaplan and William Emanuel as candidates to fill the two vacant slots on the National Labor Relations Board. As predicted, President Trump did, in fact, nominate Messrs. Kaplan and Emanuel to the Board earlier this summer. The nominations went … Continue Reading

Federal Court Overturns NLRB, Says Jimmy John’s Employees’ Disloyal Conduct Not Protected 

In a closely-watched case, on July 3, 2017, the U.S. Court of Appeals for the Eighth Circuit refused to enforce a National Labor Relations Board (“NLRB” or “Board”) decision in which the Board found MikLin Enterprises, Inc. (“MikLin”), owner of 10 Jimmy John’s franchises in the Minneapolis, Minnesota area, violated the National Labor Relations Act … Continue Reading

Hearing Set Before Senate Committee on NLRB Nominations

Updating our June 19 post, as expected, President Trump nominated Marvin Kaplan and William Emanuel to fill the two currently-vacant seats on the National Labor Relations Board.  A hearing on their nominations is now scheduled for July 13 before the Senate Health, Education, Labor & Pensions (HELP) Committee.  If recommended by the HELP committee, the nominees … Continue Reading

Missouri Becomes 28th State to Pass Right-to-Work Law    

On February 6, Missouri Governor Eric Greitens signed into law SB 19, making Missouri the 28th state to adopt right-to-work legislation.  The law goes into effect on August 28, 2017, and provides that no employee may be required as a condition of employment or continued employment to become a member of a union or to … Continue Reading

NLRB Exercises Jurisdiction Over Charter Schools

It’s been a busy summer for the National Labor Relations Board.  After issuing important decisions expanding the reach of the National Labor Relations Act to allow university graduate assistants and  temporary workers to seek to join unions, as well as decisions expanding back pay awards and limiting employers’ ability to replace striking staff, on August … Continue Reading
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