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Unions Labor Law Violations

Bradley Arant Boult Cummings LLP

What Does the End of Chevron Deference Really Mean for Employers?

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Bradley Arant Boult Cummings LLP

An Opinion Is an Opinion, But an Opinion with a Threat Is a Threatening Opinion, and Threatening Opinions Are Unlawful Under the...

A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets....more

Sheppard Mullin Richter & Hampton LLP

NLRB Finds GW Hospital Failed to Bargain in Good Faith in Reversal of Vacated Decision

On May 8, 2024, the National Labor Relations Board (“Board”) issued a decision reversing a 2021 decision the Board previously vacated after former Board Member William Emanuel, who participated in the ruling, was found to...more

Littler

Unions Get OK to File Prevailing Wage Claims on Behalf of Workers in New Jersey Regardless of Whether They Are Members

Littler on

On January 8, 2024, Governor Phil Murphy signed S1438 / A5794, which amended New Jersey’s State Prevailing Wage Act to permit unions to file prevailing wage claim suits on behalf of workers on covered projects regardless of...more

Epstein Becker & Green

Fifth Circuit Redresses NLRB’s Tesla Decision but the Board Remains Undaunted

Epstein Becker & Green on

After a flurry of pro-employee National Labor Relations Board (“NLRB”) decisions, the Fifth Circuit gave employers a glimmer of hope, rejecting the Board’s recent rule issued in Tesla, Inc., 371 NLRB No. 131 (2022) that...more

Littler

(Not So) Frozen in Time—Colorado District Court Enters Section 10(j) Order Preventing Hospital from Withholding Across-the-Board...

Littler on

On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont...more

Benesch

Concerns Over Cemex Bargaining Orders

Benesch on

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

Littler

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

Littler on

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

Sheppard Mullin Richter & Hampton LLP

Think Twice Before Closing the Shop Doors

In a recent 2-1 decision in Quickway Transportation, Inc., 372 NLRB No. 127 (2023), the National Labor Relations Board (the “Board”) reversed the Administrative Law Judge and ordered a trucking company to re-open its terminal...more

Burr & Forman

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Robinson+Cole Manufacturing Law Blog

Manufacturers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election.  The NLRB’s new standard (announced in Cemex Construction...more

Franczek P.C.

Recent Decisions by the NLRB: Harsher Penalties for Employers Who Repeatedly Violate Labor Law, More Leniency for Worker Outbursts...

Franczek P.C. on

As expected, in the last month the National Labor Relations Board has continued to issue decisions that reverse Trump-era precedents and expand the protections available to employees and unions. In Noah’s Ark Processors, LLC...more

Venable LLP

NLRB Floods Noah's Ark Decision with Additional Remedies for Egregious Violators

Venable LLP on

On April 20, 2023, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Noah's Ark Processors, LLC d/b/a WR Reserve, 372 NLRB No. 80 (2023) in which it announced a non-exhaustive list of remedies...more

Blake, Cassels & Graydon LLP

Ontario : Compétence concurrente à l’égard des plaintes en matière de droits de la personne dans des milieux syndiqués

En octobre 2022, le Tribunal des droits de la personne de l’Ontario (le « Tribunal ») a rendu une décision provisoire dans l’affaire Weilgosh v. London District Catholic School Board (l’« affaire Weilgosh »). Le Tribunal...more

Blake, Cassels & Graydon LLP

Unionized Employees Can Bring Human Rights Claims to Ontario Human Rights Tribunal or Labour Arbitrators

In October 2022, the Ontario Human Rights Tribunal (Tribunal) released its interim decision in Weilgosh v. London District Catholic School Board. The Tribunal held that it has concurrent jurisdiction with labour arbitrators...more

Benesch

NLRB Expands Remedies to Address Repeat Offenders

Benesch on

The National Labor Relations Board (the “Board”) has traditionally been limited in ways to remedy violations of federal labor law. Often, the Board is constrained to ordering “make-whole” relief like backpay and employee...more

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

NLRB Opens Door to Additional Remedies for Repeated Labor Violations

On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining....more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Littler

NLRB Finds Business Closure Illegal But Backs Off Order to Reopen

Littler on

In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for unionized employers seeking to close...more

Polsinelli

Festive NLRB Provides Holiday Gifts to Unions/Employees

Polsinelli on

​​​​​​​December never is a “slow” month in “labor law land.” Even though offices are winding down and some are closing for the holidays, the National Labor Relations Board (the “Board”) always enjoys dropping a few seismic...more

Parker Poe Adams & Bernstein LLP

NLRB to Award Compensatory Damages for Labor Law Violations

During 2022, there has been a considerable uptick in labor activity, including high profile organizing efforts at Amazon, Starbucks, and other nationwide employers. Inevitably, these efforts result in claims from unions that...more

Littler

Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims...

Littler on

The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the...more

Bodman

NLRB Telegraphs Possible New Standard for Employee Email Use

Bodman on

On Friday, September 30, 2022, the NLRB reversed its earlier stance that Chelsea Befort was lawfully terminated for violating T-Mobile’s electronic communications policy. Ms. Befort sent mass emails to all 595 Customer...more

Miles & Stockbridge P.C.

NLRB Proposes to Broaden Joint Employment Standard

On September 6, 2022, the National Labor Relations Board (“NLRB” or “Board”) issued a much anticipated proposed rule that would broaden the circumstances under which two companies may be held responsible for labor law...more

Littler

NLRB General Counsel Continues Push for Extraordinary Remedies

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On June 23, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released Memorandum GC 22-06, relating to her efforts “to secure full remedies” in settlements with the Board.  This follows on her prior...more

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