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Cemented in History: The Supreme Court’s Glacier Decision Holds That Employers Can Sue for Strike Damages

On June 1, 2023, the United States Supreme Court issued its 8-1 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174,1 holding that the National Labor Relations Act (“NLRA”)2 does...more

U.S. Supreme Court to Rule on NLRA Preemption of Tort-Based Suits

We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes, and other activities by...more

Are Your Academic Institution’s Athletes “Employees” Under NLRA? The NLRB General Counsel Thinks So.

On September 29, 2021, National Labor Relations Board (“NLRB”) General Counsel, Jennifer A. Abruzzo, released Memorandum GC 21-08 (the “GC Memo”) issuing guidance on her position that certain “Players at Academic...more

A Recent Supreme Court Decision Impacts Union Organizing for Agricultural Workers in California

In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the...more

The PRO Act’s Potential Effect on Employers

On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act.1 With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a...more

The Trend to Adopt Mandatory Employment Arbitration Programs

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs...more

The U.S. Supreme Court and the “Fate of the Union”

Recently the Supreme Court heard oral arguments on a matter that could severely impact the status of unions. The dispute will determine whether nonunion employees working in the public sector should have to pay partial union...more

Supreme Court Decision Impacts Presidential Appointments

On June 26, the Supreme Court decided National Labor Relations Board v. Noel Canning, et al. This decision will have long-term significance on the ability of federal administrative/regulatory agencies (often referred to as...more

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