Unfair Labor Practice

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DC Circuit Gives NLRB a “Stern” Warning (US)

It’s never a good sign when a court calls your reasoning “nonsense” or instructs your lawyers to “brush up” on their familiarity with legal doctrines. But that’s exactly what a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit did in a decision that overturned the National Labor Relations … Continue Reading

NLRB’s General Counsel Issues A Memorandum In Light Of The McLaren Macomb Decision Addressing Severance Agreements Containing Broad Confidentiality and Non-Disparagement Terms (US)

As we previously reported, the National Labor Relations Board (“NLRB,” or “the Board”) decided last month in McLaren Macomb, 372 NLRB No. 58, that an employer commits an unfair labor practice (“ULP”) when it presents a non-supervisory employee with a severance agreement containing broad confidentiality and/or non-disparagement provisions. The Board reasoned that even proffering an … Continue Reading

NLRB Says Mere Offer To Employees Of A Severance Agreement Containing Broad Confidentiality and Non-Disparagement Terms Is Unlawful (US)

On February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”) decided in McLaren Macomb that an employer commits an unfair labor practice when it presents a non-supervisory employee with a proposed severance agreement containing broad confidentiality or non-disparagement provisions. Reversing two earlier decisions by the previous Republican-majority NLRB in 2020, a majority … Continue Reading

NLRB Issues Flurry of Blockbuster End-of-Year Decisions (With More to Come?) (US)

Over the course of one week in mid-December, the Democrat-appointed majority members of the National Labor Relations Board (NLRB or the Board) significantly altered the labor law landscape for employers by issuing a flurry of high visibility, much anticipated decisions. Among other things, these decisions will make it easier for unions to organize employees and … Continue Reading

Home Is Where the… Protests Are? (US)

Last Tuesday, September 13, the Ohio Supreme Court struck down a state statute that prohibited public-sector labor unions and their members from encouraging targeted picketing at the homes of public officials, stating that the law was an unconstitutional content-based restriction on free speech. The decision was unanimous as to the result, but the Justices were … Continue Reading
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