Collective Bargaining

News & Analysis as of

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

The Persuader Rules: Final Opportunity to Avoid Department of Labor Reporting Requirements

The U.S. Department of Labor (“DOL”) recently issued its final regulations regarding the “advice exception” to reporting requirements of employers and lawyers under the Labor-Management Reporting and Disclosure Act. ...more

D.C. Circuit Affirms NLRB’s Order to Employer to Reimburse All of Union's Bargaining Expenses as Remedy for Unfair Labor Practices

In HTH Corporation v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the National Labor Relations Board’s attempt to expand the remedies under the National Labor Relations Act for unfair labor practices to...more

Nationwide Injunction Freezes DOL’s Persuader Rule

A federal trial court in Texas has issued a nationwide injunction, freezing the DOL's Persuader Rule, which would otherwise have taken effect July 1, 2016, calling it "not merely fuzzy around the edges" but "defective to its...more

Urgent Message on Union Persuader Rules

In anticipation of the July 1, 2016 effective date of the new "persuader rules" from the U.S. Department of Labor, Varnum has prepared an agreement that would allow existing clients to avoid the new reporting requirements on...more

DOL's 'Persuader' Rule Blocked By Texas Judge

A Department of Labor rule requiring employers to disclose when they hire lawyers and consultants during union organization campaigns has been at least temporarily put on hold. On June 27, 2016, a federal district court...more

Federal District Court in Texas Blocks New DOL Persuader Rule

Last week, we reported that a federal district court in Minnesota determined that the new Department of Labor (DOL) persuader rule likely is unenforceable because it conflicts with the Labor Management Reporting and...more

Texas District Court Issues Nationwide Injunction Blocking the Department of Labor’s Persuader Rule

On June 27, 2016, the District Court for the Northern District of Texas issued a nationwide injunction enjoining the Department of Labor’s (DOL) Persuader Rule, 81 Fed. Reg. 15924.  In reaching this conclusion, the court...more

Employers Will Now be Stuck with Mixed-Guard Unions

Under the National Labor Relations Act (“NLRA”), the National Labor Relations Board (“NLRB”) may not certify a union to represent a bargaining unit if the union admits into membership both guards and non-guards. (29 U.S.C....more

Legacy and Grandfathered Agreements are Not Subject to Disclosure Requirements Under the Department of Labor’s New “Persuader”...

On March 24, 2016, the U.S. Department of Labor’s (“USDOL”) Office of Labor-Management Standards (“OLMS”) published its highly controversial “persuader” regulation, which requires employers and labor relations consultants,...more

Federal District Court in Minnesota Finds Merit in Challenge to DOL Persuader Rule, But Denies Request to Enjoin Implementation

As we reported earlier, the new Department of Labor (DOL) “Persuader Rule” dramatically expands reporting obligations for consultants and attorneys who provide certain services to employers related to persuading employees on...more

Employers Received Mixed Message In First Of Three Persuader Rulings

July 1 Deadline Continues To Loom - A federal court in Minnesota today sent employers a mixed message about the validity of the controversial new “persuader rule” – the impending regulation that would force attorneys and...more

Minnesota District Court Denies Request to Enjoin DOL's Persuader Rule, But Signals Rule Could Be Overturned

In a decision that sheds light on the potential viability of the Department of Labor’s (“DOL”) Persuader Rule, a Minnesota district court on June 22, 2016, denied a request to enjoin the rule, which the DOL intends to begin...more

Employers: June 30 Deadline Looms for DOL's Revised Persuader Rule

The greatly expanded Persuader Rule will require employers to report any agreement or arrangement with a lawyer or third-party consultant to “persuade” employees — directly or indirectly — about their union organization and...more

The NLRB Guards “Mixed-Guard” Units Against Withdrawn Recognition

Seyfarth Synopsis: In Loomis Armored US, Inc., 364 NLRB No. 23 (2016), the NLRB abandoned its long-established precedent from Wells Fargo Corp., 270 NLRB 787 (1984), and held that employers may not refuse to bargain with a...more

D.C. Circuit: Transfer of Work Not an Unfair Labor Practice

By: Kaitlyn F. Whiteside, Esq. Seyfarth Synopsis: The D.C. Circuit partly denied enforcement of the NLRB’s decision in which the Board ruled that a transfer of work constituted a change in the scope of the bargaining unit and...more

Quirky Question #282: A Briefing on the Brexit

Question: How will the UK’s “Brexit” vote on withdrawing from the EU affect the way we employ people in our UK subsidiary? Answer: A vote to “Leave” is unlikely to bring significant change to UK employment law in the...more

Religious Affiliation Is Not Enough – The Ever-Expanding Reach of the National Labor Relations Act

The National Labor Relations Act has been enjoying a resurgence in attention and application in recent years. From last year’s thirty page memorandum from the National Labor Relations Board’s Office of the General Counsel...more

Board Outs 32-Year-Old Rule Allowing Employers to Oust Mixed-Guard Unions

For thirty-two years, it has been a settled proposition that an employer may, upon the expiration of a contract, refuse to continue to negotiate with a “mixed-guard” union that represents its security guards. Continuing its...more

"Persuader Rule" IMPORTANT UPDATE

Previously, we alerted our clients that the U.S. Department of Labor (DOL) issued the final version of its "persuader rule," which requires employers, third-party lawyers and other labor consultants to disclose to the DOL any...more

NLRB Holds That Hiring Permanent Strike Replacements Can Constitute an Unfair Labor Practice

The National Labor Relations Board (“NLRB”) and the courts have long recognized an employer’s right to hire permanent replacements for economic strikers. Permanent replacements have traditionally been viewed as an employer’s...more

Department of Labor Provides Limited Opportunity to Obtain Advice Without Triggering the New "Persuader Rule"

The Department of Labor’s recently-issued Final Rule, 81 Fed. Reg. 15924 (the “Persuader Rule”) imposes upon employers and their advisors (including lawyers and consultants), for the first time, the obligation to file public...more

New Essential Services Legislation Now In Force

On May 27, 2016, Alberta’s new Essential Services legislation came into force. Bill 4 – An Act to Implement a Supreme Court Ruling Governing Essential Services is the Alberta Government’s answer to the Supreme Court’s...more

A Costly Lesson For Employers On Replacement Workers

Seyfarth Synopsis: Board panel found that long-term care facility acted for an “independent unlawful purpose” when it permanently replaced striking workers allegedly in order to teach the union and strikers a lesson and to...more

Illinois Enters Second Year Without Budget

The Illinois General Assembly left the last day of the 2016 spring legislative session, May 31st, without a budget to present to the Governor. The House passed a comprehensive budget that the Governor stated is $7.5 billion...more

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