On June 13, 2024, the U.S. Supreme Court, in Starbucks Corp. v. McKinney (National Labor Relations Board), No. 23-367, rejected the arguments of the National Labor Relations Board (the “Board”) to relax the standard that a...more
The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy...more
The General Counsel of the National Labor Relations Board (the Board) took aim at non-compete and non-solicitation agreements in Memorandum GC 23-08, issued on May 30, 2023. The General Counsel of the Board, Jennifer Abruzzo,...more
Voluntary recognition of a union as the exclusive bargaining representative for employees within an identified bargaining unit of the employer can have potentially game-changing consequences for an employer. However, if the...more
The battle over Scabby the Rat took another turn on July 21, 2021, when the National Labor Relations Board issued its anticipated decision and order in International Union of Operating Engineers, Local 150 and Lippert...more
7/27/2021
/ Employee Rights ,
Employment Policies ,
First Amendment ,
Labor Disputes ,
NLRA ,
NLRB ,
Secondary Boycott ,
Strike ,
Unfair Labor Practices ,
Union Representatives ,
Unions
With little fanfare or press coverage, the United States House of Representatives passed a sweeping bill on March 9, 2021, that would amend provisions of federal labor law that in some cases have been in place as long ago as...more
The National Labor Relations Board (NLRB) has proposed a new rule which would exclude undergraduate and graduate students from coverage under Section 2(3) of the National Labor Relations Act (NLRA). Specifically, students who...more
A unit clarification petition filed by the fledgling International Brotherhood of Professional Running Backs (IBPRB) was dismissed on September 17, 2019, by the Acting Regional Director of Region 13 of the National Labor...more
From an employer's perspective, one of the most challenging decisions to come out of the Obama-era National Labor Relations Board (NLRB) was the concept of "micro-units" within an employer's organizational structure. Under...more
The National Labor Relations Board (NLRB) has revisited the issue of when an employer may restrict access to its private property by non-employee union agents. In Kroger Limited Partnership, a union business agent was denied...more
A Federal District Court in New York recently fielded the issue of whether there is such a thing as a union relations privilege and the extent of that privilege. In Hernandez v. Office of the Commissioner of Baseball (18...more
Illinois Governor J.B. Pritzker recently signed into law the Collective Bargaining Freedom Act, formally ending an initiative of former Illinois Governor Bruce Rauner. Effective as of April 12, 2019, the new law limits the...more
A number of key legislative initiatives are currently pending before Congress which, if passed, will significantly impact the rights of employers and employees. These bills address a variety of subjects, including union...more
9/27/2017
/ Corporate Counsel ,
E-Verify ,
Employee Privacy Rights ,
Employment Eligibility Verification ,
Joint Employers ,
Medical Leave ,
NLRA ,
NLRB ,
Paid Family Leave Law ,
Quickie Election Rules ,
Unions ,
Wellness Programs
OSHA recently announced it will no longer bring union representatives to inspections of non-unionized workplaces. As a result, barring a designation by an employee (which I'll discuss further below), non-unionized employers...more
In Minteq v. NLRA, the United States Court of Appeals for the District of Columbia Circuit held an employer committed an unfair labor practice under Section 8 (a)(5) by failing to notify and bargain with a union over its...more
The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more