News & Analysis as of

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

NLRB Changes Course Again, Invalidates 50 Years Of Precedent On Expired Collective Bargaining Agreements

Yesterday, the National Labor Relations Board announced a major reversal of policy, invalidating 50 years of precedent on an employer’s obligation to honor dues checkoff arrangements after the expiration of a collective...more

NLRB Reverses Long-Standing Precedent on Employers' Ability to Unilaterally Cease Checkoff for Union Dues

Employers with collective-bargaining agreements that include union dues “checkoff” requirements may be unhappily surprised to learn that on Dec. 12, 2012, the National Labor Relations Board (the “NLRB”) wiped out 50 years of...more

NLRB Discards 50 Years Of Precedent – Dues Checkoff Clauses Now Survive Expiration Of Bargaining Agreement

Claiming that the Board “has never provided a coherent explanation” for the 50 year old rule that the obligation to continue deducting dues pursuant to a dues checkoff provision ceases upon expiration of the collective...more

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