News & Analysis as of

Collective Bargaining Occupational Safety and Health Administration

DirectEmployers Association

OFCCP Week In Review: September 2023

Monday, August 28, 2023: U.S. NLRB “Clarified” 2019 Decision on Wright Line Evidentiary Burden in Dual Motives Causation Cases - Beginning a parade of four sets of major rulings in one week, the National Labor Relations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2023 #3

Union Membership Decreases. The percentage of workers who are union members dropped to 10.1 percent in 2022 from 10.3 percent in 2021, according to data released this week by the U.S. Bureau of Labor Statistics (BLS). In the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April 2022 #3

NLRB GC Pushes for Card Checks, Limits on Employer Speech. National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo filed a brief in a case asking the Board to make dramatic changes to federal labor law. The...more

Miller Nash LLP

Unionized Private and Public Employers May Have Bargaining Obligations to Meet Before Implementing the ETS and Other Vaccine...

Miller Nash LLP on

This past Friday, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted the stay on implementing the Emergency Temporary Standard to Protect Workers from Coronavirus (ETS) issued by the federal...more

Mintz - Antitrust Viewpoints

DOJ and FTC Virtual Workshop: Agencies Discuss Whole-of-Government Approach and New Solutions to Address Competition Issues in...

On December 6 and 7, 2021, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) hosted a virtual workshop to discuss competition issues in labor markets and plans to execute President...more

Morgan, Brown & Joy, LLP

NLRB General Counsel Explains Bargaining Obligations for Unionized Employers regarding the New Emergency Temporary Standard to...

On November 10, 2021, the National Labor Relations Board’s General Counsel’s’ Office issued Memorandum OM-22-03 outlining an employer’s bargaining obligations with their unions relating to the recent Emergency Temporary...more

Parker Poe Adams & Bernstein LLP

How Should Employers Bargain With Unions Over OSHA's Vaccinate-or-Test Mandate?

Assuming it takes effect at some point, the Occupational Safety and Health Administration’s new COVID-19 emergency temporary standard (ETS) includes new legal mandates, as well as several options for affected employers. Chief...more

Hogan Lovells

NLRB general counsel issues guidance on bargaining obligations in relation to OSHA ETS

Hogan Lovells on

On November 10, the National Labor Relations Board (NLRB) Office of the General Counsel (GC), issued a memorandum with its position on unionized employers’ bargaining obligations when implementing the Occupational Safety and...more

Stokes Wagner

OSHA’s ETS and the NLRB’s Recent Guidance

Stokes Wagner on

Based on recent guidance from the Office of the General Counsel of the National Labor Relations, covered employers with unionized workers must engage their employees’ unions when developing their vaccination and/or testing...more

Littler

NLRB Memo Addresses Bargaining Obligations Over OSHA’s COVID-19 Emergency Temporary Standard

Littler on

On November 10, 2021, Joan A. Sullivan, acting associate general counsel of the National Labor Relations Board, released Operations Management Memorandum 22-03 (OM 22-03) concerning bargaining obligations under the Department...more

Bodman

Unionized Employers Must Bargain About Vaccine Policies

Bodman on

On November 10, 2021, the National Labor Relations Board’s General Counsel published OM 22-03 regarding the duty to bargain over issues related to the Occupational Safety and Health Administration’s (“OSHA”) Emergency...more

Cozen O'Connor

Employment Law Now V-106 - BREAKING OSHA ETS NEWS: Extending the Stay and Choosing a Lottery Winner

Cozen O'Connor on

Today's new episode summarizes the late-breaking developments with the 5th Circuit's extension of its stay of enforcement of the OSHA ETS, and the impact that today's Circuit Court lottery may have on the ultimate viability...more

Akin Gump Strauss Hauer & Feld LLP

NLRB General Counsel Memo Highlights Collective Bargaining Obligations in OSHA’s Vaccinate-or-Test Mandate for Unionized...

Key Points: On November 11, 2021, the General Counsel to the NLRB issued a Memorandum concerning implementation of the OSHA ETS in unionized workplaces. The Memorandum is important to unionized employers because it...more

Morgan Lewis

Department of Labor’s ETS Will Trigger Employers’ Bargaining Obligations, Per NLRB General Counsel

Morgan Lewis on

National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health...more

Husch Blackwell LLP

Vaccine Mandates May Require Collective Bargaining

Husch Blackwell LLP on

On November 5, 2021, the U.S. Department of Labor, through the Occupational Safety and Health Administration (OSHA), issued an Emergency Temporary Standard to Protect Workers from Coronavirus (ETS). The ETS covers employers...more

Miller Canfield

NLRB General Counsel Issues Guidance on Bargaining Obligations under OSHA ETS

Miller Canfield on

On November 10, 2021, the NLRB General Counsel issued a memorandum discussing the bargaining obligations imposed on covered employers under OSHA's Emergency Temporary Standard to Protect Workers from Coronavirus ("ETS")....more

Faegre Drinker Biddle & Reath LLP

NLRB GC Addresses Vaccine Mandate Bargaining Obligations

On November 10, 2021, the National Labor Relations Board’s (NLRB) General Counsel’s office released Memorandum OM 22-03 regarding bargaining obligations arising from the Occupational Safety and Health Administration’s (OSHA)...more

Foley Hoag LLP

Employers Must Bargain with Unions Over OSHA’s Vaccination-or-Testing Rule

Foley Hoag LLP on

On November 10, 2021, following the announcement of OSHA’s new vaccination-or-testing rule, the Office of the General Counsel of the National Labor Relations Board released a memorandum addressing employers’ obligation to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2021 #2

Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more

Benesch

NLRB General Counsel Advises Employers May Have Duty To Bargain Over COVID-19 OSHA Rule

Benesch on

Employers covered under OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”) have a duty to bargain with unions representing employees over certain aspects of the ETS, according to Jennifer Abruzzo,...more

Proskauer - Labor Relations Update

BREAKING: NLRB General Counsel Issues Memo on Bargaining Obligations Under OSHA’s Vaccination Requirements

On November 10, 2021, General Counsel Jennifer Abruzzo issued a memorandum outlining bargaining obligations under OSHA’s Emergency Temporary Standard to Protect Workers from Coronavirus (“ETS”).  Responding to Inquiries...more

Porter Hedges LLP

OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary Standard

Porter Hedges LLP on

The following is an important update to our September 13, October 5, and October 15, 2021 alerts that discussed federal vaccine mandates. On November 4, 2021, the Occupational Safety and Health Administration (“OSHA”)...more

Cozen O'Connor

OSHA Publishes General Industry Emergency Temporary Standard

Cozen O'Connor on

OSHA’s long-awaited general industry COVID-19 emergency temporary standard (“ETS”) was officially published today and became effective immediately for employers in those states without “state OSHA” plans. However, employers...more

McAfee & Taft

OSHA releases final rule regarding workplace vaccination mandates

McAfee & Taft on

This morning the federal Occupational Safety and Health Administration (OSHA) released its interim final rule regarding the Biden administration’s vaccination mandate for employers with 100 or more employees. The rule will be...more

Cozen O'Connor

FAQ: Texas Executive Order Restricting Mandatory Vaccination Policies

Cozen O'Connor on

On October 11, 2021, Texas Governor Greg Abbott issued Executive Order No. GA-40 placing restrictions on any entity (including private employers) from issuing COVID-19 vaccine mandates, subject to legislative action. It is...more

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