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NLRB Rolling Back More Rules from the Trump Administration

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition

On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,...more

Board Limits Ability to Prohibit Labor Protests

For the second time in less than a week, the National Labor Relations Board has thrown out a Trump-era standard and reinstated Obama-era rules favorable to labor unions. In Bexar County Performing Arts Center Foundation,...more

NLRB General Counsel Calls for Expansion of Card Check to Remove Barriers to Unionization

Earlier this week, in an ongoing case between Cemex Construction Materials Pacific, LLC and International Brotherhood of Teamsters, NLRB General Counsel Jennifer Abruzzo filed a brief calling for the Board to reinstate the...more

Biden Administration Acts to Promote Unions

Summary - On February 7, 2022, the White House Task Force on Worker Organizing and Empowerment publicly released a report offering nearly 70 recommendations to promote pro-union policies and practices in the public and...more

NLRB Withdraws Proposed Rule Blocking Graduate Student Unionization

The National Labor Relations Board (NLRB or Board) has withdrawn a proposed rule that would have exempted graduate students from the definition of “employees” under the National Labor Relations Act (NLRA). Under the rule...more

NLRB General Counsel Releases Slew of Advice Supporting Employers on Pandemic-Related Actions

On August 13, 2020, the National Labor Relations Board (NLRB) Division of Advice released five memoranda in which the General Counsel directed NLRB regional offices to dismiss pandemic-related charges filed by unions and...more

D.C. District Court Holds That Portions of NLRB Rule Rolling Back ‘Ambush Election’ Rules are Unlawful, NLRB Implements Remaining...

On December 18, 2019, the National Labor Relations Board (Board or NLRB) published a final rule, which was originally set to become effective on April 16, 2020, and which modified the so-called 2014 “ambush election” rules. ...more

NLRB Issues Final Rule on Joint Employer

The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more

NLRB Scales Back ‘Ambush Election’ Rule

On December 18, 2019, the National Labor Relations Board’s (Board or NLRB) published a final rule—effective on April 16, 2020—which modifies the 2015 so-called “ambush election” rules. The final rule will lengthen the...more

Union Dues Deductions Not Required After Contract Expiration

Continuing its shift toward more employer-friendly workplace decisions, the National Labor Relations Board (Board or NLRB) in Valley Hospital Medical Center held that employers may cease deducting union dues from employees’...more

New NLRB Rule Would Stop Graduate Student Unions in Their Tracks

Last week, the National Labor Relations Board (NLRB) released a proposed rule that would remove graduate and undergraduate students who perform work for pay in conjunction with their academic studies from the definition of an...more

NLRB Continues Shift Toward Employer-Friendly Workplace Standards

The National Labor Relations Board (NLRB) issued two 3-1 decisions this week, continuing a string of rulings favoring employers over unions or workers. Details on the decisions follow. ...more

NLRB Decision Serves as Reminder of Weingarten Requirements

More than 40 years after the U.S. Supreme Court's decision in NLRB v. Weingarten Inc., the National Labor Relations Board's (NLRB) recent decision in Circus Circus Casinos Inc. serves as a good reminder for employers...more

Supreme Court to Revisit Constitutional Challenge to Public Union Agency Fees

The U.S. Supreme Court has granted certiorari in Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31 to decide whether it is constitutional to require public employees to pay agency fees (also known as "fair share"...more

New Legal Challenges to Public Union Agency Fees

Public employees in three different federal circuits filed lawsuits this week challenging the constitutionality of public unions' right to require nonmembers to pay agency fees (also known as "fair share" fees). The...more

Judge Issues Nationwide Injunction on DOL Persuader Rule

A Texas federal judge issued a nationwide preliminary injunction this week barring the Department of Labor (DOL) from enforcing its Persuader Rule, which was set to take effect on July 1, 2016. This is the second federal...more

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