News & Analysis as of

Unions Collective Bargaining

Consolidating labor-employer discussions - draft executive orders published

by DLA Piper on

On 31 August 2017, the administration revealed the five draft executive orders issued pursuant to the law authorizing consolidation of labor-employer discussions, which the Constitutional Council (Conseil d’état) upheld with...more

Student-Employee Unions: Should Universities Expect a Double U-Turn?

by Fisher Phillips on

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...more

A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

by Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Seattle Ordinance Allowing Ride-Sharing Drivers To Unionize Temporarily Blocked By Ninth Circuit

by Jackson Lewis P.C. on

The Ninth Circuit Court of Appeals has temporarily blocked enforcement of the City of Seattle’s Ordinance 124968, which grants certain collective bargaining rights to independent contractors who drive for ride-sharing...more

France’s Employment Reforms to Go Into Effect in September

As President Emmanuel Macron had promised, major employment reforms are under way in France and the related ordinances have been published on August 31, 2017, after extensive negotiations with national unions, concerning, in...more

Missouri Labor Unions One Step Closer To Overturning State’s Right-To-Work Law

by Jackson Lewis P.C. on

After an expansive campaign that reportedly has cost millions of dollars, Missouri AFL-CIO President Mike Louis claims to have more than enough signatures to put Missouri’s recently enacted “right-to-work” law to a vote next...more

NLRB’s Attempt To Incrementally Expand Weingarten Rights Rebuffed By Federal Appeals Court

The NLRB suffered a setback this week when its interpretation of Weingarten rights was rebuffed by the D.C. Court of Appeals. This is the same court that recently declared the agency was acting more as an “advocate than...more

Grad-Student Unions One Year After Columbia University: More To Come Or A Thing Of The Past?

by Jackson Lewis P.C. on

In August 2016, the National Labor Relations Board reversed longstanding precedent and ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor...more

DOL Withdraws Guidance Letters Leaving Employers to Pick up the Pieces

On June 7, 2017, the U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s (“DOL”) guidance on independent contractors and joint employment issued during the Obama administration,...more

D.C. Circuit Provides Additional Support For Specialty Healthcare, Union-Friendly Micro-Units

by Benesch on

The U.S. Court of Appeals for the D.C. Circuit has sided with the National Labor Relations Board in affirming the union-friendly practice of “micro-unit” organizing. The D.C. Circuit’s opinion issued in Rhino v. NLRB is...more

Defending Employers’ Access to Legal Advice: Comments Filed Supporting DOL’s Rescission of Controversial Persuader Rule

August 11, 2017, was the deadline for interested parties to submit comments regarding the U.S. Department of Labor’s (DOL) proposal to formally rescind its controversial persuader rule, which was issued in 2016 under the...more

If you can’t stand the heat, get out of the kitchen – Best Practices from Top Chef

by FordHarrison on

“If you can’t stand the heat, get out of the kitchen!” That’s essentially what a group of Teamsters told Top Chef host personality, Padma Lakshmi, back in June 2014 outside of Steel & Rye restaurant in Milton, Massachusetts....more

Epic NLRB Benchslap

by Sherman & Howard L.L.C. on

An agreement between the UFCW and the Fred Meyer grocery store chain restricted the union’s ability to visit with store employees in public view. But things went south when the UFCW declared war on Fred Meyer. Some eight...more

"A Little Bad Grammar Will Not Annul" – Missouri Unions Move Ahead with Referendum Petition to Revoke Right-to-Work

by Littler on

Missouri was set to become a right-to-work state on August 28, 2017. However, unions have continued efforts to prevent the implementation of Senate Bill 19 (“SB 19”), Missouri’s right-to-work bill. Article III, Section 52 of...more

Goat Subcontracting (Yes, We Said “Goat Subcontracting”) Grievance Highlights Importance of Strategic Collective Bargaining

by Foley & Lardner LLP on

If you work in a unionized workplace, surely the union at one point or another has “gotten your goat.” Well, the goats are now getting their revenge, and a union doesn’t like it. '...more

THE LATEST: Ninth Circuit Affirms Dismissal of Antitrust Counterclaim against Labor Union Clarifying Scope of Noerr-Pennington...

by McDermott Will & Emery on

On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International...more

Senate HELP Committee Questions NLRB Nominees on Higher Education Issues

by Hogan Lovells on

During the Obama Administration the National Labor Relations Board (“NLRB” or the “Board”) opened wider the gates of private colleges and universities to organized labor. In 2014 the Board made it easier for faculty to...more

Majority Rules: German Constitutional Court Confirms Constitutionality of Tariff Unity Act

by Jones Day on

On July 11, 2017, the German Federal Constitutional Court in essence rejected actions by certain smaller trade unions against a "tariff unity" law introduced almost exactly two years before. This is a major setback for trade...more

Brazil to Enact Expansive Labor Law Reforms

by Littler on

On July 11, 2017, the Brazilian Senate approved the Labor Reform Bill, which is now before the president for signing. The Labor Reform Bill is one of the current administration's main projects to reignite the economy and make...more

Novel Theory Related To Violation Of Bargaining “Ground Rules” Fails (Fortunately)

When an employer and a union sit down to bargain they often agree to ground rules for how negotiations are to be conducted. A common ground rule, for example, is for the parties to agree to address “non-economic” items before...more

DOL: "Joint Employer" and "Independent Contractor" Guidance Out and Wage and Hour Opinion Letters In

by Akerman LLP - HR Defense on

On the heels of withdrawing published interpretations of the concepts of “joint employer” and “independent contractor,” the Secretary of Labor announced this week that it will reinstate the issuance of opinion letters....more

Department of Labor Moves To Rescind “Persuader Rule” with Notice of Proposed Rulemaking

On June 12, 2017, the U.S. Department of Labor’s (“DOL”) Office of Labor-Management Standards published a notice of proposed rulemaking regarding its intention to rescind the so-called “persuader rule,” moving the DOL one...more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

DOL Issues Notice of Proposed Rulemaking to Rescind Obama Administration’s Final Persuader Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Trump Administration DOL issues notice of proposed rulemaking to rescind Obama Administration DOL’s long-embattled final persuader rule. The proposed rule is open for public comments for 60 days....more

NLRB Rules That Employers Have a Duty to Bargain Over ACA-Mandated Group Health Benefit Changes

On May 16, 2017, the National Labor Relations Board (“NLRB”) issued a decision holding an employer has the duty to bargain with a union over changes to a group health plan even though the changes were mandated by the...more

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