News & Analysis as of

Collective Bargaining

Discover (or rediscover) U.S. employment law: Your questions, our answers

by Dechert LLP on

Companies doing business in the U.S. invariably encounter a legal system and employee relations laws that differ in many significant respects from those in other countries. The sources of U.S. law come from the U.S. federal...more

Federal Court: NLRB Correct That Successor Employer Must Bargain With Existing Union Under Labor Law

by Jackson Lewis P.C. on

In the first test of the National Labor Relations Board’s 2011 “successor bar” rule, the federal appeals court in Boston has upheld the NLRB’s decision that the union is protected from decertification after a change of...more

Key California Employment Law Cases: February 2017

by Payne & Fears on

The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

by FordHarrison on

In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

by Franczek Radelet P.C. on

In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...more

ERISA Newsletter - First Quarter 2017

by Proskauer Rose LLP on

After a brief hiatus, Proskauer's ERISA Newsletter is back with a brand new look. We hope you like it and find it is easier to navigate. In addition to implementing our new format, we have moved to a quarterly publication...more

Fourth Circuit Rejects Retirees’ Claim for Vested Health Benefits

The Fourth Circuit upheld an employer’s unilateral decision to amend a collective bargaining agreement to cap employer contributions to retiree health benefits and freeze Medicare reimbursements for hourly retirees...more

The Survival of Abood v. Detroit Board of Education, Part 3

by SmithAmundsen LLC on

Exactly a year ago today in what now appears to be a temporary reprieve, the United States Supreme Court issued its decision in Friedrichs v. California Teachers Association. An “equally divided court” affirmed the judgment...more

Spain: Termination Pay Can Include Bonuses and Other Variable Pay

by Dentons on

In the past few years, the Spanish financial crisis, which has persisted since 2008, has led to many companies choosing to assign a more significant role to bonuses or variable pay rather than fixed salary. By granting...more

Unions Winning More Elections, But Organizing Fewer New Workers

by Jackson Lewis P.C. on

Unions won 72% of all representation elections conducted by the National Labor Relations Board in 2016, and 74% when the election involved a small unit of 49 workers or less, according to a Bloomberg BNA report based on NLRB...more

March Inevitableness? Considering the Legal Consequences of Pay to Student-Athletes

As of this writing, it has been over 850 days since the UConn women’s basketball team has lost a game. When the Huskies last tasted defeat (in an overtime thriller to Stanford on November 17, 2014), football players at...more

House Bill Spotlights Paid Union Activities By Federal Employees

by Jackson Lewis P.C. on

A House bill would require federal agencies to report annually on the amount of “official time” (i.e., taxpayer-paid time) that federal employees spend on union activities rather than working at their regular job duties. H.R....more

Unions Continue Their Organizing Success in Silicon Valley

by Perkins Coie on

In addition to championing greater employee and workplace protections via ballot measures and city ordinances in Santa Clara County, California, several unions have set their eyes on the employees of the private companies...more

New Regulations Proposed for New York’s Paid Family Leave Benefits Law

by Epstein Becker & Green on

On February 22, 2017, the New York State Workers’ Compensation Board published proposed regulations (“Proposed Regulations”) to implement the New York Paid Family Leave Benefits Law (“PFLBL”), which goes into effect on...more

U.S. Chamber of Commerce Report Catalogs Extensive Extreme Activity by Obama Era National Labor Relations Board

by McGuireWoods LLP on

Last week, the United States Chamber of Commerce issued a report intended to provide a blueprint to the Trump administration as it looks toward formulating a labor relations agenda. “The Record of the National Labor...more

Collective Bargaining Stalemate? - Tribunal finds employer's direct approach to employees unlawful

by DLA Piper on

Employers who recognise a trade union for the purposes of collective bargaining should be aware of a recent tribunal decision which may significantly impact on their ability to implement contract variations where union...more

Court Decertifies Class Challenging Timekeeping Practices

by BakerHostetler on

Yogi Berra often has been quoted for the phrase “It ain’t over till it’s over,” and Lenny Kravitz even made a hit song of it in 1991. While no one will likely ever make a popular song out of Rule 23, the phrase applies just...more

Decreto por el que se declaran reformadas y adicionadas diversas disposiciones de los artículos 107 y 123 de la Constitución...

by Littler on

Con fecha 24 de febrero del año en curso, ha sido publicada en el Diario Oficial de la Federación el Decreto por el cual se reforman los artículos 107 y 123 de la Constitución Política de los Estados Unidos Mexicanos en...more

Mexico: Decree Amending Articles 107 and 123 of the Constitution of the United Mexican States Published

by Littler on

On February 24, 2017, Mexico's Official Gazette published the Decree issued by President Enrique Peña Nieto amending Articles 107 and 123 of the Constitution of the United Mexican States, which deal with labor proceedings and...more

Employers Earn an Important Victory in “Union Walk-around” Lawsuit

by Kelley Drye & Warren LLP on

On Friday, February 3, a federal judge in Texas denied (in part) a motion to dismiss a lawsuit challenging an OSHA Standard Interpretation Letter (known as the “Fairfax Memo”) that contains policies for safety walk-arounds. ...more

Agreement terminations on the up – 5 union response strategies

by Seyfarth Shaw LLP on

The Aurizon decision handed down on 22 April 2015 and endorsed by a Full Federal Court on 3 September 2015 has created a viable option for employers needing to move away from legacy industrial arrangements that are bad for...more

Strike Out! Redundancies Permitted After Strike Action

by K&L Gates LLP on

In August 2016, workers at Anglo Amercian's German Creek coal mine in Central Queensland engaged in a protracted period of industrial action during bargaining negotiations for a new enterprise agreement. In order for mining...more

Missouri is Now a Right-to-Work State

by Littler on

On February 6, 2017, Missouri became the 28th state to enact a right-to-work law.  The bill, passed by the Show Me State’s Republican-controlled state legislature, was signed into law by newly-elected Governor Eric Greitens. ...more

The ERISA Litigation Newsletter - January 2017

by Proskauer Rose LLP on

Editor’s Overview - In 2016, we saw a considerable uptick in the number and variety of excessive fee lawsuits commenced against plan fiduciaries of defined contribution plans. We begin the year by taking a look at these...more

Labor Law 2016: A Year In Review

by McGuireWoods LLP on

Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

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