News & Analysis as of

Unfair Labor Practices Collective Bargaining

Union Adherent’s Antics Not Protected By Act, NLRB Rules

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was...more

MEA's 30 Day Window for Opt-Out Violates PERA

by Clark Hill PLC on

On May 2, 2017, the Michigan Court of Appeals affirmed a unanimous ruling by the Michigan Employment Relations Commission ("MERC") that the Michigan Education Association ("MEA") committed an unfair labor practice and...more

Federal Court: NLRB Correct That Successor Employer Must Bargain With Existing Union Under Labor Law

by Jackson Lewis P.C. on

In the first test of the National Labor Relations Board’s 2011 “successor bar” rule, the federal appeals court in Boston has upheld the NLRB’s decision that the union is protected from decertification after a change of...more

Public Employers in PA Required to Bargain over Attendance Policies with Disciplinary Provisions

Public employers in Pennsylvania beware: if you implement an attendance policy designed to get your employees to show up for work, you may commit an unfair labor practice! If your employees are represented by a labor union,...more

Executive Labor Summary - September / October 2016

NEWS & ANALYSIS - Class arbitration cases continue to stack up at Supreme Court. The National Labor Relations Board on September 9 petitioned the Court for certiorari in NLRB v. Murphy Oil USA, Inc. The lower court...more

NLRB General Counsel Seeks To Regulate and Target Employers with Independent Contractors

by Seyfarth Shaw LLP on

Seyfarth Synopsis: NLRB General Counsel releases an Advice Memorandum finding that the misclassification of independent contractors amounts to a standalone violation of Section 8(a)(1) of the NLRA....more

D.C. Circuit Affirms NLRB’s Order to Employer to Reimburse All of Union's Bargaining Expenses as Remedy for Unfair Labor Practices

by Littler on

In HTH Corporation v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the National Labor Relations Board’s attempt to expand the remedies under the National Labor Relations Act for unfair labor practices to...more

D.C. Circuit: Transfer of Work Not an Unfair Labor Practice

by Seyfarth Shaw LLP on

By: Kaitlyn F. Whiteside, Esq. Seyfarth Synopsis: The D.C. Circuit partly denied enforcement of the NLRB’s decision in which the Board ruled that a transfer of work constituted a change in the scope of the bargaining unit and...more

West Virginia Enacts Right-to-Work Legislation

On July 1, 2016, the State of West Virginia will become the 26th state to enact right-to-work legislation, prohibiting employers from requiring union membership, or the contribution of union dues as a condition of employment....more

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices

by Littler on

Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

by Cozen O'Connor on

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...more

Beyond the NLRB’s Browning-Ferris joint employer decision: what does it mean for franchising?

by DLA Piper on

The new, expanded concept of “joint employer” is inexorably taking hold. Proponents of this new outlook are striving to apply it to franchising - part of a broader initiative to overcome the so-called “fissured employment”...more

In Browning-Ferris, Businesses Lose As the Board Crafts a Solution in Search of a Problem

by Benesch on

Marking a sea-change in labor law and a departure from decades of settled precedent, the National Labor Relations Board formulated a new joint employer standard in August 27’s Browning-Ferris Industries of California, Inc....more

NLRB’s New Joint Employer Standard Creates Enormous Uncertainty

by Foley & Lardner LLP on

Late last week, the National Labor Relations Board published a decision that will make many business leaders’ heads spin. By pronouncing a new legal standard to be used to determine if a business is a “joint employer” of...more

NLRB’s Expanded “Joint Employers” Test: The Employers’ Perspective

by Perkins Coie on

The decision by the National Labor Relations Board (NLRB) last week in BFI Newby Island Recyclery expands the circumstances in which two otherwise separate and independent employers may be found to be joint employers of a...more

NLRB Adopts New Broader Joint-Employer Standard

by FordHarrison on

On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued its long-awaited decision in Browning-Ferris Industries (BFI) substantially changing and expanding the standard for finding a joint-employer...more

The National Labor Relations Board Issues Pivotal Decision Redefining Joint-Employers

by Hodgson Russ LLP on

On August 27, 2015, the National Labor Relations Board issued its long-anticipated decision revising the standard for determining joint-employer status under the National Labor Relations Act. As a result of the NLRB’s...more

NLRB Issues New Rules on Joint Employment

by Miller & Martin PLLC on

In a 3-2 decision involving Browning-Ferris Industries of California (BFI), the National Labor Relations Board (NLRB) refined its standard for determining joint-employer status....more

Based on Improper Appointment of Acting General Counsel to NLRB, D.C. Circuit Court of Appeals Voids Unfair Labor Practice Ruling

by Baker Donelson on

On August 7, 2015, the United States Court of Appeals for the District of Columbia held that former National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon's appointment violated the Federal Vacancies Reform...more

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

by Littler on

The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the...more

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

by Littler on

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

NLRB Upholds Unilateral Changes in Negotiated Employee Benefits

by Littler on

In an era when the National Labor Relations Board seldom finds actions by employers to be reasonable, that agency recently issued two decisions finding that a unilateral change in employee benefits provided under a collective...more

NLRB General Counsel Issues Guidance on Deferral to Grievance Arbitration and Settlements

Following the decision of the National Labor Relations Board in Babcock & Wilcox Construction Co., 361 NLRB No. 132 (December 14, 2014), the NLRB General Counsel has issued Memorandum GC 15-02 (February 10, 2015), which...more

NLRB Dramatically Changes Its Deferral Policies in Alleged Discrimination Cases

In Babcock & Wilcox Construction Co., Inc., 361 NLRB No. 132 (December 15, 2014), the National Labor Relations Board (NLRB) significantly altered the standards under which it will defer to grievance and arbitration...more

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