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National Labor Relations Board › Collective Bargaining

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five... more +

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.

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News & Analysis as of May 18, 2013

Proskauer - Labor Relations

NLRB: Employer Responsible For Backpay Of Union Representative Allegedly Injured During Workplace Assault

by Mark Theodore | Proskauer - Labor Relations on 4/19/2013

The NLRB has ruled that an employer is liable to lost wages for a union representative who allegedly suffered injuries "after being pushed down a flight of stairs at a work site. The case is Norquay Construction, Inc., 359...more

Davis Brown Law Firm

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

by Becky Knutson | Davis Brown Law Firm on 3/22/2013

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

Proskauer - Labor Relations

The End of an Error

by Ronald Meisburg | Proskauer - Labor Relations on 2/14/2013

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

Poyner Spruill LLP

D.C. Circuit Court Decision Creates NLRB Upheaval

by Kevin M. Ceglowski, David L. Woodard | Poyner Spruill LLP on 2/12/2013

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

Lowenstein Sandler LLP

NLRB Decisions Heighten Need for Employers’ Strong Social Media Policies

by Julie Levinson Werner | Lowenstein Sandler LLP on 1/25/2013

Recent National Labor Relations Board (NLRB) decisions have made it clear that employees’ comments on social media sites may be protected activities. Consequently, it’s more important than ever for employers to have clear...more

Foley & Lardner LLP

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

by Kristy Kunisaki Marino | Foley & Lardner LLP on 1/23/2013

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

Pierce Atwood LLP

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

by Michelle Bush, Charles Einsiedler, Jr. | Pierce Atwood LLP on 1/22/2013

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

Morgan Lewis

The Second Obama Term: NLRB Outlook

by Morgan Lewis on 1/22/2013

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

Holland & Knight LLP

It’s Getting Harder to Say Goodbye

by Katherine H. Marques, Howard Sokol | Holland & Knight LLP on 1/21/2013

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

Holland & Knight LLP

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

by Brian Doyle, David J. Santeusanio | Holland & Knight LLP on 1/16/2013

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

Holland & Knight LLP

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

by Todd D. Steenson | Holland & Knight LLP on 1/16/2013

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

Dinsmore & Shohl LLP

The NLRB Overrules Longstanding Precedent in Two New Opinions

by Jason Hilliard | Dinsmore & Shohl LLP on 1/10/2013

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

Pullman & Comley, LLC

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

by Daniel A. Schwartz | Pullman & Comley, LLC on 1/10/2013

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

Sherman & Howard L.L.C.

Employer Must Continue Union Dues Check Off After CBA Expires

by Karla Sanchez | Sherman & Howard L.L.C. on 1/9/2013

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

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

NLRB Considers Employer’s Obligation to Maintain Terms of Employment When One Union Replaces Another

by Sarah J. Murphy | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/9/2013

In Cofire Paving Corporation v. Local 175 United Plant & Production Workers, 359 NLRB No. 10 (Sept. 28, 2012), a group of employees were represented by Local 1175, Laborers International Union of North America, AFL-CIO (Local...more

Sherman & Howard L.L.C.

Union Allowed to Invade Sales Floor

by Patrick Scully | Sherman & Howard L.L.C. on 1/8/2013

In Fred Meyer Stores, Inc., the National Labor Relations Board (NLRB) found that the retail store and the union had a "past practice" of allowing one or two union representatives to visit employees on the sales floor for "a...more

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

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

by C. Thomas Davis | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2013

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

Ballard Spahr LLP

NLRB Rules that Union Dues Checkoff Survives Contract Expiration

by Amy Bashore, Constantinos G. Panagopoulos | Ballard Spahr LLP on 1/3/2013

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

Littler

NLRB Finds Duty to Bargain About Discipline Even Before Agreement on First Contract

by Adam Wit | Littler on 1/2/2013

Does an employer have a duty to bargain with a union, prior to the finalization of a first collective bargaining agreement, before imposing discretionary discipline on an employee? According to the National Labor Relations...more

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

Board Majority Holds Perpetual Wage Increases Post-Contract Expiration

by Harold P. Coxson | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/31/2012

In NLRB Decision Finley Hospital, a National Labor Relations Board (Board) majority (Members Pearce and Block) held, over the strong dissent of Board Member Brian Hayes, that a 3 percent annual pay increase for nurses...more

BakerHostetler

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

by M.J. Asensio, James W. Seegers | BakerHostetler on 12/31/2012

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

Miller & Martin PLLC

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

by William G. Trumpeter | Miller & Martin PLLC on 12/28/2012

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

XpertHR - Partnered with LexisNexis

NLRB Reverses 50-Year-Old Precedent And Holds Dues Checkoff Clause Survives Collective Bargaining Agreement

by Melissa Gonzalez Boyce | XpertHR - Partnered with LexisNexis on 12/28/2012

The National Labor Relations Board (NLRB) issued yet another gift to organized labor this holiday season by overturning a 50-year-old precedent and ruling that employers must continue to deduct and submit dues to unions even...more

Proskauer - Labor Relations

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

by Mark Theodore | Proskauer - Labor Relations on 12/28/2012

Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and...more

Littler

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

by David K. Broderick, Glenn Smith | Littler on 12/24/2012

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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