News & Analysis as of

ALJ Declares NLRB’S Dues Checkoff Termination Decision a Dead Letter

In WKYC-TV, Inc., 359 NLRB No. 30 (2012), the NLRB overruled 50 years of precedent under Bethlehem Steel, 136 NLRB 1500 (1962), and held that going forward, employers could not unilaterally end dues checkoff at the expiration...more

Supreme Court Invalidates Union Fee Requirements Imposed on Homecare Employees

On June 30, 2014, the U.S. Supreme Court rejected Illinois law that required homecare providers for Medicaid recipients to pay fees to a union. In Harris v. Quinn, the Court held that compulsory union agency fees imposed on...more

Harris v. Quinn Decision May Set Stage for Further Rulings Limiting Public Unions

On Monday, the U.S. Supreme Court decided Harris v. Quinn. As readers of my June 10 posting will recall, the plaintiffs in that case objected on First Amendment grounds to being required to contribute public union dues as a...more

Supreme Court Issues Decision In Harris V.Quinn: Abood Survives, But For How Long?

On Monday, the United States Supreme Court issued its anxiously anticipated decision in Harris v. Quinn, a case brought by Illinois home health aides challenging the requirement in a collective bargaining agreement that they...more

Agency Fees Can’t Be Required for Illinois Rehab Personal Assistants, SCOTUS Rules

The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v....more

Radical Shift Coming In Public Sector Agency Fees

On Monday, the Supreme Court took a swipe at public sector compulsory unionism. In doing so, the Court took a slice out of decades of Supreme Court jurisprudence and suggested a future re-thinking of agency fees in the public...more

Supreme Court Rejects Labor’s Mandatory Dues Collection Initiative in Favor of Workers’ First Amendment Rights

Yesterday, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or...more

Supreme Court Decides Harris v. Quinn

On June 30, 2014, the U.S. Supreme Court decided Harris v. Quinn, No. 11-681, holding that the First Amendment does not permit a state to compel public employees to subsidize speech on matters of public concern by a union...more

Two Significant Decisions Affecting Employers Issued the Final Day of the U.S. Supreme Court Session

On the last day of its 2013-2014 session, the U.S. Supreme Court held today that (1) for-profit companies are protected as "persons" under the federal Religious Freedom Restoration Act of 1993 (RFRA) and (2) that the...more

Supreme Court Strikes Down Mandatory Union "Fair Share" Deductions For Public Sector Employees

Today, in a 5 to 4 decision, the U.S. Supreme Court declined to extend its previous holdings regarding “fair-share” fees (fees that an employee who refuses to join a union is required to pay in lieu of union dues) to...more

United States Supreme Court Strikes Down Illinois Regulatory Framework Requiring Personal Assistants for Medicaid Recipients to...

In its much anticipated decision in Harris v. Quinn, 573 U.S. __ (2014), the Supreme Court of the United States in a five to four ruling struck down an Illinois regulatory framework that required personal assistants (PAs) for...more

Public Employers and Unions Hold Breath as High Court Ponders Whether Public Employees Can Be Compelled to Pay Dues

The U.S. Supreme Court will recess for the summer at the end of June. But before doing so, it must decide the remaining cases on its docket from the October 2013 term, including Harris v. Quinn. Strangely, this case has...more

Employment And Labor Law Alert - It's Official: Michigan's "Right-To-Work" Law Takes Effect

On March 28, 2013, Michigan's "right-to-work" law, the Workplace Fairness and Equity Act, went into effect. The law prohibits any requirement that an employee pay union dues or join a union as a condition of employment. The...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

Indiana’s Right-to-Work Statute Survives First Challenge While Court Clarifies Statutory Ambiguities

On February 1, 2012, Indiana became the 23rd “right-to-work” (RTW) state. Since that date, unions have filed two lawsuits in Indiana federal courts hoping to overturn the law on different grounds. One of those lawsuits,...more

The NLRB Hits Just Keep Coming. This Time, Possible Front-Pay

There seems to be no slowing to the NLRB’s unusually high recent activity....more

NLRB Gets Busy – Part 1 NLRB Departs From Decades Of Precedent

The close of 2012 brought a flurry of activity by the National Labor Relations Board and the Board has not slowed down in the New Year. Several of the Board’s recent decisions mark significant departures from decades of...more

NLRB Overturned Numerous Precedents, Imposed Significant Burdens on Unionized Employers in 2012

In addition to the significant actions taken by the National Labor Relations Board (NLRB or Board) in 2012 that affect all employers, the NLRB late last year issued several important decisions that affect unionized employers...more

The NLRB Overrules Longstanding Precedent in Two New Opinions

On December 12, 2012, the National Labor Relations Board (“NLRB”) overruled a 50–year-old precedent when it decided that employers have a duty to continue to deduct union dues from employees’ paychecks even after the...more

Reading the Tea Leaves for Employment Law in 2013 (Harry Potter Edition)

In this week’s Connecticut Law Tribune, I filed my annual “forecast” of employment law for 2013. As with the weather forecasts, it is subject to change on a moment’s notice. So drink your “tea” with a grain of...more

Employer Must Continue Union Dues Check Off After CBA Expires

The National Labor Relations Board (NLRB) is continuing its drive to overturn well-established legal precedent that it considers to be unfavorable to unions and employees....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

The NLRB Finishes 2012 with a Bang and Shows No Sign of Slowing Down in 2013

The National Labor Relations Board (the "NLRB") released a number of important decisions in late December 2012. The most significant of these decisions, which seemingly signal continued activism by the NLRB, address employee...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

NLRB Overturns 50-Year-Old Precedent in Latest Decision on Dues-Checkoff Provision

In WKYC-TV, 359 NLRB No. 30 (Dec. 12, 2012), the National Labor Relations Board effectively overturned 50 years of precedent by holding that, like most other terms and conditions of employment, an employer's obligation to...more

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