News & Analysis as of September 20, 2024

National Labor Relations Board › Management Rights Clauses

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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. less -

The Demise of the Past-Practice Defense: Takeaways From Recent NLRB Decisions

Davis Wright Tremaine LLP on 9/28/2023

Following recent decisions of the National Labor Relations Board, it is now nearly impossible for employers to make unilateral decisions consistent with past practices when negotiating a first contract and when negotiating a...more

NLRB Issues Several Advice Memoranda Providing Guidance on COVID-Related and Other Workplace Issues

Proskauer - Labor Relations Update on 9/23/2020

On September 15, 2020, the National Labor Relations Board (the “NLRB” or “Board”) Division of Advice (“Advice”), published four Advice Memoranda addressing an array of issues ranging from COVID-19-related unilateral actions...more

“Hard” Bargaining Proposals Placed Into Final Offer Evidence Bad Faith Bargaining, NLRB Concludes

Proskauer - Labor Relations Update on 5/28/2020

On May 21, 2020, the NLRB issued a decision in Altura Communication Solutions, LLC. The case asked the Board to consider whether a series of broad proposals made by the employer during collective bargaining amounted to bad...more

Employment Law This Week®: DOL’s Final Overtime Rule, CA Codifies “ABC Test,” Pay Data Collection Beyond 2018, NLRB’s Busy Summer

Epstein Becker & Green on 10/7/2019

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into October 2019. The episode includes: 1. DOL Issues Final Overtime Rule On September 24, the U.S. Department...more

NLRB Wraps Up a Busy Summer 2019 - Employment Law This Week® - Trending News

Epstein Becker & Green on 10/4/2019

A Trending News interview from Employment Law This Week®, featuring attorney RyAnn McKay Hooper: The Republican-majority National Labor Relations Board (NLRB) wrapped up a summer full of decisions that signal a shift in...more

2016/2017 Labor & Employment Observer

Cozen O'Connor on 1/12/2017

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Activist NLRB Created More Problems For All Employers in 2016 — What Happens Under President Trump?

Cozen O'Connor on 1/6/2017

During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer stance in ways that affect both unionized and non-unionized employers. The Board currently sits with three...more

NLRB Majority Stuns Nation By Ruling Employer Has Management Right, Chairman Dissents

Proskauer - Labor Relations Update on 11/14/2016

In another example of the inconsistency of the current state of Board law, a 2-1 majority of the NLRB ruled that an employer not only had a management right but it wasn’t necessary that this right be expressly set forth in...more

Board Defers to Arbitrator’s Award Upholding Management Rights–But for How Long?

Seyfarth Shaw LLP on 11/8/2016

Seyfarth Synopsis: In Weavexx, LLC the Board deferred to an arbitrator’s finding that the employer had the right to change its payday and pay cycle without first bargaining. The bigger question is how much longer will such...more

Federal Appeals Court Sanctions National Labor Relations Board in Ongoing Battle over Management Rights Provisions in Collective...

McCarter & English, LLP on 10/15/2016

Most collective bargaining agreements contain “management rights” provisions that many employers, unsurprisingly, believe grant them the right to manage their businesses without union interference. The National Labor...more

Have a Management Rights Clause? It May Not Save You from Bargaining with the Union

Foley & Lardner LLP on 9/29/2016

Many union employers insist on strong management clauses in their labor agreements. Such clauses contain language reserving for the employer the right to adopt new rules and regulations. A reasonable employer may assume that...more

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National Labor Relations Board › Management Rights Clauses

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