News & Analysis as of

Unionized Employers: Review the Wage Provisions in Your Collective Bargaining Agreements

Employers face many headaches in a unionized workplace, but one supposed benefit of a union is that it streamlines procedures across large groups of employees. The employer can look to the collective bargaining agreement to...more

Companies Acquiring Unionized Businesses Face Increased Scrutiny by the NLRB

Companies acquiring unionized businesses are likely to face increased scrutiny from the National Labor Relations Board (“Board”). On May 9, 2014, NLRB General Counsel Richard F. Griffin, Jr., issued a memorandum instructing...more

NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration

In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if...more

8(f) v. 9(a) Relationships in the Construction Industry: The Controversy Continues

Responding to an 11-year-old decision by the U.S. Court of Appeals for the D.C. Circuit, the National Labor Relations Board’s General Counsel recently issued a memorandum that provides guidance to NLRB regional offices on...more

Latest NLRB Developments Regarding Social Media Policies

Social media on the Internet have become enormously popular in recent years as more and more people log on to chat, blog and post updates on an infinite variety of topics. In response to this phenomenon, many companies have...more

Global Connection - November 2013: Secondary Boycott and International Trade

The Dispute - The International Longshore and Warehouse Union (“ILWU”) had a long established collective bargaining relationship with grain exporter Marubeni-Columbia Grain, Inc. (“CGI”), which covered CGI’s employees...more

SEIU Strikes at Providence St. Peter: Unions and Employers Jockey for Position in Advance of Key Affordable Care Act Changes

Recently, employees represented by the Service Employees International Union (SEIU) went on strike at Providence St. Peter Hospital (P.S.P. Hospital) in Olympia, Washington. According to information released by SEIU, the...more

Employment Law Blog: The Continuing Saga of the NLRB Recess Appointments and Fallout

On January 25, 2013, the United States Court of Appeals for the D.C. Circuit published an opinion in Noel Canning v. National Relations Board, Case No. 12-1115. The case arose out of a dispute between employer Noel Canning, a...more

The End of an Error

Unnoticed and with no fanfare, the Board brought the two member era to a close with its adoption of the last of the two member Board decisions, The Fremont-Rideout Health Group, 359 NLRB No. 51 (January 15, 2013)....more

D.C. Circuit Court Decision Creates NLRB Upheaval

On January 25, 2013, in Noel Canning v. National Labor Relations Board, the U.S. Court of Appeals for the District of Columbia ruled President Obama’s use of recess appointments to fill three vacancies on the National Labor...more

The Second Obama Term: NLRB Outlook

Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining....more

It’s Getting Harder to Say Goodbye

The National Labor Relations Act (NLRA or Act) allows employers, including those in the construction industry, to join together to bargain with a union. This is called "multi-employer bargaining." But there are specific rules...more

NLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers

In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies...more

NLRB Overrules Longstanding Precedent Exempting Witness Statements from Disclosure in Grievance-Arbitration Context

In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking...more

NLRB Rules that Union Dues Checkoff Survives Contract Expiration

An employer that deducts union dues from employees’ wages (dues checkoff) under a collective bargaining agreement (CBA) must now continue to do so after the CBA expires....more

Happy Holidays from the NLRB: Lumps of Coal for Employer Stockings

In a flurry of year-end activity, the National Labor Relations Board (NLRB or the Board) has issued a number of significant decisions. The following is excerpted from the NLRB’s press release issued on December 21....more

National Labor Relations Board Expands the Duty to Respond to Union Requests for Information in IronTiger Logistics, Inc.

The National Labor Relations Board (NLRB or the Board) continues to force new requirements upon employers from all directions. The Board might say that its new requirements represent an effort at increased civility and common...more

Contract Language Requires Continued Wage Increases Even After Expiration, rules divided NLRB

The process of collective bargaining is filled with nuance and sublety. Unlike other business negotiations, there is often a dance that takes place as the parties attempt to reach an agreement. Given the Act’s mandate that...more

Did You Know…Blanket Confidentiality Requirements Regarding Employment-Related Investigations Violate Section 7 of the NLRA

As part of its current campaign to take more aggressive positions regarding policies applicable to nonunion workers, the National Labor Relations Board recently ruled that a human resources consultant’s routine practice of...more

Guest Post: NLRB Acting General Counsel Addresses At-Will Disclaimers and More at CBA Annual Meeting

On Monday, the Connecticut Bar Association held its annual meeting. Lots of labor and employment law topics were covered, some of which I missed. I’ve asked one of my bar colleagues, Rita Trivedi — who will be a Teaching...more

McNees White Paper -- The National Labor Relations Board 2011 Year in Review An Overview of the Board’s Significant Decisions and...

By all accounts, 2011 was a busy year for the National Labor Relations Board (“Board”). In 2011, the Board saw a 17 percent increase in filings as compared to the prior year, which included both unfair labor practice charges...more

Briefs filed in NLRB's Specialty Healthcare case

What a difference a few months can make. Last December, in Specialty Healtcare and Rehabilitation of Mobile the NLRB invited interested parties to file briefs to consider a number of questions about whether it should...more

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