Collective Bargaining

News & Analysis as of

Browning-Ferris Decision Expands Definition Of "Joint Employer" For Collective Bargaining Purposes, Full Impact Of Decision...

Until recently, the National Labor Relations Board (NLRB) had held that an entity must have “direct control” of the essential terms and conditions of employment in order to be obligated to collectively bargain as a joint...more

White House Holds Worker Voice Summit

On Wednesday, the White House hosted a Summit on Worker Voice, an all-day event focused on promoting organized labor. The Summit featured panel discussions involving workers, union officials and organizers, and "model"...more

NLRB’s Joint Employer Decision Could Uproot Hotel Franchise Model

The National Labor Relations Board (NLRB) has likely thrown a mammoth monkey wrench in the traditional hotel franchisor/franchisee model. On August 27, 2015, in its highly controversial Browning-Ferris Industries of...more

Sixth Circuit Reverses Vacatur Of Award Stressing Limited Scope Of Permissible Judicial Review

The district court had vacated an arbitration award that had reinstated a terminated hospital employee under a collective bargaining agreement. The district court based its ruling on its interpretation of the CBA, which it...more

The Ninth Circuit Hammers Out A New Successorship Liability Test Under The MPPAA

The Ninth Circuit, in Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael’s Floor Covering, Inc., Case No. 12-17675 (9th Cir. Sept. 11, 2015), joined the Seventh Circuit in finding that an asset...more

Not So Fast My Friend – UAW Membership Rejects Tentative Agreement

During their press conference on September 15, 2015, UAW President Dennis Williams and Fiat Chrysler CEO Sergio Marchionne appeared satisfied with the tentative agreement reached after months of bargaining. The two friends...more

NLRB Issues Guidelines on Use of Electronic Signatures in Representation Cases

As we reported earlier, on December 15, 2014, the National Labor Relations Board (NLRB) adopted a Final Rule that modified its processing of representation cases. See, 79 Fed. Reg. at 74308. As part of this rule, the NLRB...more

Employment Law Commentary - Volume 27, Issue 8, September 2015

The NLRB’s Decision In Browning-Ferris Industries Of California (2015) One Month Later: Is The Sky Falling For Employers? - The short answer to the question is, “Not yet.” Browning-Ferris Industries of California, Inc....more

City of Minneapolis Considering Dramatic Changes for Minneapolis Employers - Public Comment Period Underway

The City of Minneapolis is taking steps to develop an ordinance that, as now proposed, would impose dramatic new requirements for Minneapolis employers related to employee scheduling and earned sick leave. The City Council,...more

How’s your leverage? The bargaining equation

Leverage in collective bargaining negotiations is so important in a regulatory framework which condones its use. When does an employer in a collective bargaining negotiation in a tough environment typically close the...more

The Meritas Guide To Employment Law On A Business Sale In Europe, Middle East And Africa - April 2015: Belgium

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? The rights of employees in cases of transfer of (or part of) an undertaking are protected under the Collective Bargaining Agreement n° 32bis...more

The “Law Macron” Has Taken Effect: Much Ado About Nothing?

This LawFlash focuses on dismissals and mass redundancies. After months of tense discussions in the French Parliament, the law for the Growth, the Activity and the Equality of Economic Opportunities (Law Macron), which...more

Can an Employee Decline FMLA Leave Simply by Checking a Box on a Form?

Do you require your employees to fill out a form or an application to request leave under the Family and Medical Leave Act? If not, are you thinking of changing to such an approach? Either way, pay attention to this story...more

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor...more

Double-Bagged: Governor Signs Second Piece of Grocery Worker Retention Law

Monday, Governor Jerry Brown signed into law AB 897, a “clean up” bill he requested to address an omission in AB 359, which Governor Brown had signed into law on August 17, 2015. This legislation, effective January 1, 2016,...more

NLRB Reverses 50-Year Policy, Requires Employers To Deduct Union Dues From Employees' Paychecks Even After Labor Contracts Expire

In Lincoln Lutheran of Race & SEIU , the National Labor Relations Board (NLRB) held that an employer’s obligation to "check off" union dues (i.e., deduct union dues from employees’ paychecks for the benefit of the union)...more

Dennis, Tell Them What They’ve Won

After months of negotiations and several hourly extensions beyond the contract expiration date, the UAW and Fiat Chrysler reached a tentative agreement on September 15, 2015. While the full terms of the tentative agreement...more

NLRB Decision on Joint Employer Standards Results in a Major Change in Business Relationships

On, August 27, 2015, the National Labor Relations Board (NLRB) in a 3-2 decision gutted more than 30 years of legal precedent when it changed the joint employer standard in business relationships. See Browning-Ferris...more

National Labor Relations Board Rewrites Decades-Old Joint Employer Standard

New Standard Leaves No Predictability Regarding the Identity of the “Employer” - The National Labor Relations Board recently made sweeping revisions to the standard for determining if two or more entities are joint...more

Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices

Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

Is your Company a “Joint-Employer” under OSHA?

On August 27, the Board issued a blockbuster decision holding that Browning-Ferris Industries of California was a “joint-employer” of the workers supplied by its temporary staffing agency, Leadpoint Business Service. The...more

Basics of Employment Law in Austria: Part I

Austria, located in the heart of Central Europe, with a population of approximately 8.4 million people, is considered by many to be the ideal place for international employers to do business. It is one of the wealthiest, most...more

Be Careful What You Say During a Union Organizing Campaign

At the same time that the current National Labor Relations Board is giving employees what seems like the unfettered ability to engage in disparagement, profane outbursts, and racist comments that accompany protected union or...more

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