Mark Theodore

Mark Theodore

Proskauer Rose LLP

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Federal Appeals Court Rules Counties May Enact Right To Work Laws

The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement....more

11/23/2016 - Appeals Collective Bargaining Corporate Counsel Hiring & Firing Local Ordinance NLRA Preemption Right to Work Union Dues Unions

Labor Day Wouldn’t Be Labor Day Without New NLRB Decisions

The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued.  This year is no different, and perhaps more are being issued during these last few days because...more

9/2/2016 - ALJ Canning v NLRB Chipotle Grill Collective Bargaining Corporate Counsel Electronic Communications Employees NLRA NLRB Protected Concerted Activity Social Media Twitter Unions

NLRB Enforces Ambush Election Rules…..Then Finds Way Around Them

There has been a lot of hype about the so-called NLRB ambush election rules.  These are, of course, the NLRB’s take on fixing what it deemed a broken secret ballot election scheme, one allegedly marred by employers gaming the...more

8/29/2016 - Ambush Election Rules Collective Bargaining Corporate Counsel NLRB Union Elections Unions

Non-Compete Agreement A Mandatory Subject of Bargaining, NLRB Rules

The first day of employment is often chaotic. New employees must learn their way around the jobsite, meet (and remember the names of) many new people and otherwise familiarize themselves with working at a new job. Oh, and...more

8/19/2016 - ALJ Collective Bargaining Employee Handbooks Hiring & Firing New Hires NLRB Non-Compete Agreements Unions

NLRB Majority, Management Rights Clause Must Be Specific To Enable Employer To Make Unilateral Changes

Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor contract have to be...more

7/11/2016 - ALJ Collective Bargaining Collective Bargaining Agreements (CBA) Corporate Counsel Delays NLRA NLRB Request For Information Terms and Conditions Unions Waivers

NLRB: Employer Responsible For Backpay Of Union Representative Allegedly Injured During Workplace Assault

The NLRB has ruled that an employer is liable to lost wages for a union representative who allegedly suffered injuries "after being pushed down a flight of stairs at a work site. The case is Norquay Construction, Inc., 359...more

4/19/2013 - Collective Bargaining Construction Workers Employer Liability Issues Lost Wages NLRB Subcontractors Unions

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and...more

12/28/2012 - Collective Bargaining Facebook Hispanics United of Buffalo NLRB Protected Concerted Activity Social Media Social Media Policy Unions Witness Statements Work Product Privilege

NLRB Discards 50 Years Of Precedent – Dues Checkoff Clauses Now Survive Expiration Of Bargaining Agreement

Claiming that the Board “has never provided a coherent explanation” for the 50 year old rule that the obligation to continue deducting dues pursuant to a dues checkoff provision ceases upon expiration of the collective...more

12/21/2012 - Collective Bargaining Dues Checkoff NLRB Union Dues Unions

Court of Appeals Reverses NLRB Finding Of No Impasse

Sometimes in negotiations the parties just cannot agree on certain items. Such a deadlock under certain circumstances can have legal consequences under the concept of “impasse,” one of the more shadowy, hard to define issues...more

12/1/2012 - Collective Bargaining NLRB

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