Employment Law Now IV-54- A Guest Discussion on 3 Significant Government Decisions
As of today, so-called “right-to-work” (“RTW”) laws are effective in 27 states. These laws ensure that no worker can be required, as a condition of employment, to join or not join, nor pay dues to, a labor union, as permitted...more
The National Labor Relations Board (NLRB) recently issued a decision which held that employers who currently do not remit union dues because of the expiration of a collective bargaining agreement (CBA) may be found to be in...more
As we’ve previously reported, union organizing is on the upswing and the NLRB is beginning to issue decisions that reverse Trump-era precedents that were generally more favorable to employers. This is the first in what we...more
History of Dues Checkoff Precedent - In 1962, years before most working Americans were even born, the NLRB issued its decision in Bethlehem Steel. That decision held that dues checkoff clauses in collective bargaining...more
With its decision in Valley Hospital Medical Center, the NLRB reversed its Trump-era precedent and held that dues checkoff provisions in collective bargaining agreements survive the expiration of the contract. Accordingly,...more
In a decision dated September 30, 2022, the National Labor Relations Board ruled that employers must continue to collect voluntarily authorized union dues from the paychecks of employees after the expiration of the...more
The National Labor Relations Board just ruled that employers must continue to collect union dues even after the collective bargaining agreement has expired, a decision that will require many businesses to alter their labor...more
Nomination News. With control of the U.S. Senate in 2023 up for grabs, the Biden administration continues its push to fill agency leadership positions. Late last week, the Senate confirmed attorney Lisa Gomez to run the U.S....more
On October 3, in the case of Valley Hospital, the National Labor Relations Board answered a question that has impacted employers for almost 60 years: whether, under Section 8(a)(5) of the National Labor Relations Act, an...more
Executive Summary: On October 3, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reversed its previous ruling from 2019 and held that a union dues checkoff provision should be treated as part of...more
Takeaway: The National Labor Relations Board’s (NLRB) recent decision to overturn prior case law applies retroactively to all pending cases. Employers currently refusing to remit union dues because of the expiration of a...more
For those that closely follow the National Labor Relations Board, it comes as no surprise that the current Biden Board overruled a decision previously issued by the Trump Board. The target this time: union dues. The NLRB held...more
For more than five decades, employers could cease deduction of dues at the expiration of a collective bargaining agreement as a legitimate economic weapon. It was only recently that, as part of the constant shifting of...more
On September 8, 2022, federal Congressional legislators from Massachusetts and California reintroduced the Nationwide Right to Unionize Act, which takes aim at state “right to work” laws and attempts to increase employees’...more
In yet another push to strengthen worker organizing efforts, a group of Democratic lawmakers joined Senator Elizabeth Warren (D-Mass.) and Representative Brad Sherman (D-Calif.) last week in announcing the reintroduction of...more
1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more
A lot of relevant policy matters have happened over the past two weeks. We have seen significant progress on the dual-track infrastructure plan; this year’s legislative session in California came to a close, bringing heftier...more
In May 2021, the Arizona Legislature passed and Governor Doug Ducey signed Senate Bill (SB) 1268, which imposes stricter reporting requirements on private-sector labor unions by requiring “similar fiduciary guidelines as...more
National Labor Relations Board General Counsel Jennifer A. Abruzzo’s appointment and subsequent July confirmation marked a shift to a pro-labor perspective. On August 12, 2021, Abruzzo issued her first GC Memorandum as...more
A group of 14 Republican AGs, led by South Carolina AG Alan Wilson, sent a letter to U.S. Senate leaders urging them not to pass the Protecting the Right to Organize Act of 2021 (“PRO Act”)...more
The “Protecting the Right to Organize Act” (“PRO Act”) proposes drastic changes to the nation’s laws governing employer-union relations, especially the ability of employers and employees to remain union-free. Earlier this...more
From time to time, employers trigger labor disputes when they make unilateral changes in working conditions. Unions objecting to such changes often complain to the NLRB, claiming a change to be mandatory bargaining subjects...more
Yesterday afternoon, the Supreme Court of Appeals of West Virginia issued its decision in State v. AFL-CIO and upheld the constitutionality of West Virginia's “Right-Work-Act” (the Workplace Freedom Act). Justice Jenkins...more
On Thursday, January 30, members of Verrill’s Labor & Employment Group and Employee Benefits & Executive Compensation Group conducted a full-day seminar on employment law topics to prepare HR professionals, managers, and...more
Podcast host Michael Schmidt is joined by Dan Johns, a partner in Cozen O'Connor's Labor and Employment Department, to talk about 3 significant NLRB decisions affecting all employers in the areas of (1) employee use of...more