News & Analysis as of

Right to Strike

The Practical NLRB Advisor - Issue 5, Spring 2017

Mom’s Home Cookin’ prides itself on the strong relationship it has built with its employees over more than 25 years in business. The bustling restaurant has grown from a humble beginning, with just two employees, to a...more

The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

Employment News - February 2017

by Hogan Lovells on

Springing into action – start date for Trade Union Act - The Trade Union Act 2016 will come into force on 1 March 2017. The new rules apply to any industrial action for which the ballot opens (by sending out voting...more

2016/2017 Labor & Employment Observer

by Cozen O'Connor on

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

The Practical NLRB Advisor - Issue 4, Winter 2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

Can a Single Employee Go On Strike Against a Non-Union Company?

The short answer is “yes.” The National Labor Relations Act extends the same protections to employees of non-unionized employers as it does to union members. One of those protections is the right to engage in a strike,...more

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

by Littler on

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

General Counsel’s New Standard on Intermittent Strikes, Another Untenable Position for Manufacturers

On October 3, 2016, the National Labor Relations Board’s (Board) Office of the General Counsel (General Counsel) issued a memorandum seeking to broaden a union’s right to engage in intermittent strikes, which it defines as...more

NLRB General Counsel Wants More Clarity and Employee Protection for Intermittent Strikes

by Littler on

On October 3, 2016, the Office of the General Counsel (OGC) for the National Labor Relations Board asked the NLRB to clarify and broaden the protection afforded employees who engage in intermittent and partial strikes....more

Quirky Question #282: A Briefing on the Brexit

by Dorsey & Whitney LLP on

Question: How will the UK’s “Brexit” vote on withdrawing from the EU affect the way we employ people in our UK subsidiary? Answer: A vote to “Leave” is unlikely to bring significant change to UK employment law in the...more

New Essential Services Legislation Now In Force

by Field Law on

On May 27, 2016, Alberta’s new Essential Services legislation came into force. Bill 4 – An Act to Implement a Supreme Court Ruling Governing Essential Services is the Alberta Government’s answer to the Supreme Court’s...more

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

The Right to Strike: Changes to Alberta Labour Legislation

by Dentons on

In light of the Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4 decision, the Alberta government has undertaken a review of the Labour Relations Code (“LRC”) and the Public Service Employees Relations Act...more

Student-Athletes Strike Back: Will the University of Missouri’s Football Team Strike Reinvigorate the Labor Movement in College...

On Saturday, November 7, 2015, several African American members of The University of Missouri’s varsity football team announced their intention to go on strike—refusing to attend practices, play in scheduled games or...more

White & Case ECB News – Issue 1, 2015

by White & Case LLP on

How global events shape local labour laws - Giving employers the better deal? The global economic crisis squeezed corporate profits, reduced demand for goods and services and shrank workforces. Now, new labour laws...more

Trade Union Bill Published

by Reed Smith on

On 15 July 2015, the Government published a draft Trade Union Bill which sets out changes to tighten the law on industrial action. What is the current position? There is no general right to take industrial action...more

The legality of employee strike action

by Reed Smith on

Welcome to Reed Smith’s Monthly Global Employment Law blog post. This month’s post covers the legality of employee strikes in five key jurisdictions: France, Germany, Hong Kong, the UK and the United States. France...more

Let’s Get Ready to Rumble

by Foley & Lardner LLP on

The summer of 2015 should be very interesting for the Big 3 and suppliers alike. The collective bargaining agreements for the Big 3 will expire on September 14, 2015. Initial negotiations with the UAW are scheduled to...more

Alberta Legislation Curtailing the Right to Strike is Struck Down

by Field Law on

In the wake of the Supreme Court of Canada’s decision that established a constitutionally protected right to strike, the Alberta Court of Queen’s Bench has struck down legislation that prevents certain classes of Alberta...more

Private Equity Soundbite – The General Election – Implications For Employment Law

by Reed Smith on

As Britain takes to the polls, what is the future looking like for employment law? Employment Counsel Michael Smith summarises the key implications. The Conservatives have indicated their support for real terms increases in...more

Essential Services and Essential Rights: Saskatchewan Federation of Labour and the New Constitutional Right to Strike

by Field Law on

In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada held that the right to strike is protected under the right to freedom of association, guaranteed by s. 2(d) of the Canadian Charter...more

France: Taking into Account Absences Due to a Strike While Calculating Bonuses Does Not Necessarily Infringe the Right and the...

by Dechert LLP on

Under the French Labor Code, the exercise of the right to strike shall not lead to retaliation by the employer in terms of employee compensation or benefits....more

The future of industrial action

by DLA Piper on

Nicholas Jew, a Partner in our Birmingham office comments: 10 July 2014 may well be remembered as marking a potentially seismic shift in the UK Government’s approach to industrial action. On this day, an estimated one million...more

Court of Appeals Holds That Student Safety Concerns Outweighed Teachers’ Picketing Rights

On May 6, 2014, in Santer v. Board of Education of East Meadow Union Free School District, the New York Court of Appeals held that a school district did not violate the First Amendment by disciplining teachers who...more

Ohio's Highest Court Holds Unions Are Not Required to Give Public Employers Advance Notice of Informational Picketing

by BakerHostetler on

On October 23, 2013, the Ohio Supreme Court ruled, in Mahoning Education Association of Developmental Disabilities v. State Employment Relations Board, that unions are not required to provide public sector employers ten-day...more

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