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As Union Support Increases, so Does the Need for Effective Labor Management and Training

Executive Summary: Recently, the National Labor Relations Board (“NLRB” or “the Board”) issued a press release detailing an increase in labor activity this year. Compared to this time last year, the Board has seen an...more

NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count

Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to...more

NLRB Updates Standard on Discipline for Offensive Conduct

Executive Summary: On July 21, 2020, in a unanimous decision, the National Labor Relations Board (“NLRB” or the “Board”) modified the standard for determining whether employees have been lawfully disciplined or discharged...more

NLRB Changes Course on Unilateral Employer Action Standard

In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the...more

Airline Industry Alert: NLRB Rules Aircraft Cleaners Are Not Subject to the Railway Labor Act

On July 26, 2016, the National Labor Relations Board (NLRB) ruled that Menzies Aviation (USA), Inc. (Menzies) fell under its jurisdiction. In resolving a recurring dispute as to whether ground operations provided to air...more

Fourth Circuit Backs NLRB on Supervisor Status

The Fourth Circuit recently upheld a finding of the National Labor Relations Board (NLRB) that four employees were not supervisors, even though each employee oversaw the daily work of between 22 and 40 workers. The Fourth...more

Resource Update: NLRB's Continuing Expansion of Off-Duty Access Rights

Since the U.S. Supreme Court's landmark decision in Republic Aviation v. NLRB almost seventy years ago, courts and the National Labor Relations Board have been weighing employers' property rights against union rights under...more

NLRA Violation for Refusal to Allow Union Representation Prior to Drug Test

The National Labor Relations Board (NLRB or Board) recently held that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to take a drug test without first consulting with...more

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