News & Analysis as of

Unions

NLRB's Quickie Election Rule Lives Up to its Name

You may remember that the NLRB issued its “quickie election rules” a little over two years ago. Those rules took effect in April 2015, and now we can clearly see that this is one law that actually lives up to its name. Prior...more

A victory for attorney-client confidentiality: DOL takes formal steps to rescind controversial persuader regulation

by Thompson Coburn LLP on

In March 2016, the DOL issued a new regulation that greatly expanded the obligations of employers and their attorneys to publicly file sensitive information regarding so-called “persuader activity.” Under the regulation,...more

Lawmakers Re-Introduce Bill to Overturn NLRB's Micro Bargaining Unit Decision

by Littler on

As expected, Senator Johnny Isakson (R-GA) has reintroduced a bill targeting the National Labor Relations Board's decision in Specialty Healthcare, 357 NLRB No. 83 (2011). The Representation Fairness Restoration Act (S.1217)...more

Picking a Fight: How California Makes Employment Law Peculiar

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some...more

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

Between a Rock and a Hard Place: NLRB Finds Employer Violated NLRA in Implementing ACA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a unanimous decision, a three-member panel of the NLRB found that a cab company violated the NLRA by changing the length of the waiting period for employee health insurance from one year to sixty days....more

Smaller Employers Targeted by Unions More Than Ever

I’ve had employers say to me that they don’t need to worry about unions because they are “too small” for unions to worry about. Well, I have some bad news about that...more

NLRB’s Micro-Union Standard May Be Set For Reversal

Change is coming. We noted recently that the administration is thinking about changing the newly adopted persuader regulations. We also know that a majority of make-up of the NLRB is likely to shift very soon, and with it...more

Second Circuit Identifies Outer Limits of NLRA-Protected Speech

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their...more

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

Employment News - May 2017 #2

by Hogan Lovells on

Wrong answer – applicant should have been allowed an alternative to multiple choice test - The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more

The trend is your friend: why enterprise bargaining is down

by Seyfarth Shaw LLP on

Enterprise bargaining is down. That’s the big call out from the Department of Employment Report on Enterprise Bargaining February 2017. Comparing private sector agreement numbers from 2014 there is a reduction by a third...more

OSHA Walks Back Guidance on Third Parties Participating in an OSHA Inspection at a Non-Unionized Workplace

by Hodgson Russ LLP on

On February 21, 2013, Deputy Assistant Secretary Richard E. Fairfax issued an OSHA Letter of Interpretation suggesting that non-unionized workers without a collective bargaining agreement have a right to designate a...more

DC Circuit “Busts” NLRB’s Finding of Weingarten Violation by Las Vegas Casino

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A three-member panel of the U.S. Court of Appeals for the D.C. Circuit put the National Labor Relations Board “on tilt” when it overturned a decision finding that Bellagio, LLC violated Section 8(a)(1) of...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

NLRB Denies Petition to Use Its Rulemaking Power to Extend Weingarten Rights to Nonunion Employees

by McGuireWoods LLP on

On May 3, 2017, the National Labor Relations Board unanimously denied a petition filed by a former NLRB attorney asking the Board to grant nonunion employees the right to have a representative present during investigatory...more

OSHA Rescinds Guidance Allowing Nonunion Employees to Select Union Representatives to Participate in OSHA Inspections

by McGuireWoods LLP on

On April 25, 2017, the Occupational Safety and Health Administration’s Deputy Assistant Secretary released a memo withdrawing a 2013 interpretation that allowed nonunion employees to designate a union representative to...more

The NLRB Opens the Door to Union Organizing Among Undergraduate Resident Advisors at Colleges and Universities

by Franczek Radelet P.C. on

In what will come as no surprise to even the most casual labor law observer, last Friday an Acting Regional Director for the National Labor Relations Board created a new inroad for unions to organize undergraduate resident...more

Who Invited You? OSHA Reverses Itself on Fairfax Memo

by Hinshaw & Culbertson LLP on

OSHA recently announced it will no longer bring union representatives to inspections of non-unionized workplaces. As a result, barring a designation by an employee (which I'll discuss further below), non-unionized employers...more

In Fastest Elections, Union Victory Rate Soars

by Jackson Lewis P.C. on

Unions fare better in the quickest elections under the National Labor Relations Board’s April 2015 “quickie” election rules, according to a Bloomberg BNA report. Unions have continued to win elections about 67 percent of the...more

OSHA Advisory: OSHA Drops Controversial Inspection Interpretation

by Sherman & Howard L.L.C. on

Last week, OSHA rescinded a controversial 2013 interpretation letter that allowed union representatives – including organizers – to participate in OSHA inspections at non-union workplaces. Many employers and employer groups...more

April 2017: The 13 Biggest Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more

NLRB Won’t Create Rule Extending To Nonunion Workers Right To Have Union Rep At Disciplinary Interview

by Jackson Lewis P.C. on

The National Labor Relations Board has decided not to exercise its discretionary authority to engage in rulemaking at this time to reverse the Board’s decision in IBM Corp., 341 NLRB 1288 (2004), and extend Weingarten rights...more

Court of Appeal Permits Union Certification Application in Face of Insolvency Stay of Proceedings

by Bennett Jones LLP on

The Ontario Court of Appeal recently released a decision allowing a certification application by a union to proceed in the face of a receivership of the employer. The decision garnered a strong dissent from Justice Lauwers,...more

Management Rights Clause Does Not Give Management Right to Skip Bargaining Over Non-Compete and Confidentiality Agreement D.C....

by Hinshaw & Culbertson LLP on

In Minteq v. NLRA, the United States Court of Appeals for the District of Columbia Circuit held an employer committed an unfair labor practice under Section 8 (a)(5) by failing to notify and bargain with a union over its...more

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