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Unfair Labor Practices The National Labor Relations Act NLRB General Counsel

Seyfarth Shaw LLP

Consent Orders Are Dead.

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Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board’s...more

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

NLRB Will No Longer Approve Consent Orders

A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from...more

ArentFox Schiff

NLRB General Counsel Signals Intent to Continue Aggressive Use of Injunctions, Despite Supreme Court Setback

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Earlier this year, the US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, adopted a more restrictive test for evaluating requests for injunctive relief under Section 10(j) of the National Labor Relations Act...more

Proskauer - Labor Relations Update

Despite Supreme (Court) Blow, Latest NLRB GC Memorandum Advocates for the Aggressive Pursuit of 10(j) Injunctions

On July 16, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 24-05 to all field offices stating that the agency should continue “to aggressively seek...more

Fisher Phillips

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

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Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

Seyfarth Shaw LLP

NLRB General Counsel’s Expansion Of Remedies Could Pose New Liabilities And Headaches For Employers Who Simply Enforce Their...

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On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her...more

Proskauer - Labor Relations Update

NLRB GC Provides Guidance to Regions on “Securing Full Remedies for All Victims of Unlawful Conduct”

On April 8, 2024, National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo released a Memorandum providing guidance to Regional Directors, Officers-in-Charge, and Resident Officers concerning the GC’s...more

Proskauer - Labor Relations Update

Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more

Genova Burns LLC

Supreme Court Agrees To Resolve Circuit Court Conflict Over Standard For Section 10(j) Injunction In Unionization Efforts...

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The boiling dispute over the unionization of baristas is heading to the Supreme Court. Section 10(j) of the National Labor Relations Act authorizes federal courts to issue preliminary injunctions against employers that are...more

Lathrop GPM

NLRB Clears Path for Union Representation Without an Employee Vote

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For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General...more

Benesch

Concerns Over Cemex Bargaining Orders

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On August 25, 2023, the National Labor Relations Board (“NLRB”) decided Cemex Construction Materials Pacific, LLC, which lowered the threshold for the Board to issue a bargaining order rather than re-run an election when it...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

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Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the applicability of its new Cemex...more

Littler

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

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The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

Jackson Lewis P.C.

Labor Board Expands an Employer’s Duty to Bargain During Contract Negotiations

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Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more

Proskauer - Labor Relations Update

NLRB Reinvigorates 1949 Joy Silk Doctrine Giving Great Weight To Demands For Recognition

As we previously reported in April 2022, the National Labor Relations Board (“NLRB” or “Board”) General Counsel, Jennifer Abruzzo, asked the Board to revive the Joy Silk doctrine (which was rejected in 1969) and require...more

Fox Rothschild LLP

NLRB's New Framework for Union Organizing Puts Employers at a Severe Disadvantage

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The National Labor Relations Board has issued a groundbreaking decision that jettisons 50 years of established law to provide unions a more favorable framework to organize nonunion companies. On the heels of new rules...more

Nutter McClennen & Fish LLP

Reversing an Earlier Decision, the NLRB Insinuates Itself Further Into the Non-Union Workplace

In Stericyle, Inc., issued on August 2, 2023, the National Labor Relations Board (NLRB) discarded an earlier decision and established a new test for determining whether an employer’s work rule constitutes an unfair labor...more

Fisher Phillips

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

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A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more

Miller Canfield

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

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The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

Benesch

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

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In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

Tucker Arensberg, P.C.

Federal Government Continues Assault on Non-Compete Agreements

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Making sense of the NLRB’s effort to limit non-compete agreements. In late May, Jennifer Abruzzo, the General Counsel for the National Labor Relations Board (NLRB), issued Memorandum GC 23-08, in which she expressed her...more

Miles & Stockbridge P.C.

NLRB Targets Noncompete Agreements

In a continued effort to crack down on provisions in employment agreements, the National Labor Relations Board’s General Counsel (“GC”) announced that she will find most noncompete agreements between private sector employers...more

Gould + Ratner LLP

Non-Compete Agreements Come Under More Fire

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On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo advising NLRB regional directors that non-compete agreements generally infringe on employees’ rights under Section 7 of the...more

BCLP

Under-Reasoned Overreach: The NLRB General Counsel’s Opinion on Employee Noncompetes

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On May 30, 2023, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo issued a memorandum in which she opined that nearly all noncompetition agreements with employees violate the National Labor Relations...more

Williams Mullen

Tales from the NLRB: General Counsel to Treat Most Non-Compete Agreements as Unfair Labor Practices

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On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more

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