News & Analysis as of

Unions Terms and Conditions

Ballard Spahr LLP

NLRB Expands Joint Employer Rule

Ballard Spahr LLP on

Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The...more

Proskauer - Labor Relations Update

NLRB Issues New Rule Relaxing Joint Employer Standard

In a much-anticipated rulemaking, the National Labor Relations Board (“NLRB” or “Board”) has established a new standard for determining whether two employers are joint employers of particular employees within the meaning of...more

Fisher Phillips

Labor Board’s Finalized Joint Employer Rule Ensures More Workers Will Seek Union Membership: Your 10-Step Plan

Fisher Phillips on

The National Labor Relations Board just released its final joint employer rule that makes it easier for workers to be considered employees of more than one entity for labor relations purposes – a move that will result in...more

Miles & Stockbridge P.C.

NLRB Restricts Employers’ Right to Change Working Conditions Without Bargaining

The National Labor Relations Board (NLRB) issued companion decisions last month that significantly limit an employer’s ability to change the working conditions of their unionized staff without bargaining with the union....more

Littler

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

Littler on

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more

Benesch

NLRB Overturns Two Major Trump-Era Precedents

Benesch on

This week, the National Labor Relations Board (“NLRB”) issued a series of decisions overturning two major Trump-era precedents. On August 30, 2023, the NLRB overturned Raytheon Network Centric Systems with its decisions in...more

Jackson Lewis P.C.

Project Labor Agreements on Large-Scale Federal Construction Projects Required by Executive Order

Jackson Lewis P.C. on

A project labor agreement (PLA) will be required prior to awarding federal construction projects valued at $35 million or more to any construction contractors and subcontractors under the Executive Order on Use of Project...more

Fox Rothschild LLP

Unionized Employers Get Informal Guidance From NLRB on Implementation of OSHA's Vaccine and Testing Mandates

Fox Rothschild LLP on

The National Labor Relations Board’s Office of General Counsel issued a memorandum on November 10, 2021 with a broad outline of the GC's views on an employer’s duty to negotiate with unions over implementation of the...more

Husch Blackwell LLP

Ninth Circuit Construes Secondary Picketing In Context Of Shared Job Site

Husch Blackwell LLP on

It’s become increasingly common for businesses to subcontract workers to perform jobs at a location that is shared with the business or other neutral third parties. When picketing at common job sites shared by the employees...more

Fisher Phillips

Labor Relations 101 For Dealerships: An 8-Step Plan To Protect Your Organization

Fisher Phillips on

Dealerships are increasingly susceptible to employee complaints about pay and working conditions as well as employee efforts to unionize. These employee actions are generally protected by the National Labor Relations Act...more

Kilpatrick

6 Key Takeaways | National Labor Relations Board Issues New Final Rule on Joint Employers

Kilpatrick on

The National Labor Relations Board (NLRB/Board) recently issued a new rule effectively overturning an Obama-era precedent on joint employer status and making it harder to show that two companies are joint employers. In doing...more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on

On February 26, 2020, the National Labor Relations Board (the NLRB) issued its final rule governing joint employer status under the National Labor Relations Act (the NLRA). The final rule replaces the Obama administration’s...more

Proskauer - Labor Relations Update

NLRB Upholds Employer’s Bargaining And Demotions Post-Impasse As Lawful

In its January 31, 2020 decision in Phillips 66, 369 NLRB No. 13 (January 31, 2020) the Board reversed a number of findings of unfair labor practices found by an Administrative Law Judge related to the employer’s conduct...more

Proskauer - Labor Relations Update

Union’s Failure to Provide Factual Reasons as to Why It Needed Certain Information Privileged Employer to Deny Request, NLRB Rules

In prior posts, we’ve discussed how information requests in the context of labor relations can be deceptively complex to comply with for employers. We’ve seen how an employer’s assertion of confidentiality, standing alone, is...more

BCLP

The Accidental Successor: Asset Buyers Must Take Care to Avoid Unintentionally Becoming a “Perfectly Clear Successor”

BCLP on

Asset Buyers, beware.  If the Seller has union-represented employees, and you intend to hire some or all of those employees and operate the assets as a union-free employer, take care to avoid becoming an accidental successor....more

Epstein Becker & Green

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by...

Epstein Becker & Green on

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more

Dorsey & Whitney LLP

NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

Dorsey & Whitney LLP on

A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees. As...more

Benesch

NLRB Abandons Long-Standing Precedent Regarding Management’s Ability to Unilaterally Change Terms and Conditions of Employment

Benesch on

The National Labor Relations Board (“NLRB”) continued its recent wave of significant decisions on September 10, 2019, when it adopted a new standard for analyzing whether an employer’s unilateral change to terms of employment...more

Fisher Phillips

Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment

Fisher Phillips on

The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more

Sheppard Mullin Richter & Hampton LLP

NLRB Issues Important Decision Regarding What Constitutes “Protected Concerted Activity” in Union and Union-Free Environments...

In yet another case that impacts both union and non-union employers, the Republican-majority National Labor Relations Board (Board) overruled Obama-era precedent and substantially narrowed what is considered “protected...more

Proskauer - Labor Relations Update

Union Not Entitled to Information About How Employer Spends Money From Tax Cut, NLRB General Counsel Rules

In prior posts, we have discussed how information requests made in the context of a bargaining relationship can be vexing. The standard of the employer’s obligation to provide information can be a moving target, depending on...more

Proskauer - Labor Relations Update

Employer’s Representation Petition Not Barred By Existence of Signed Contract, Divided NLRB Rules

As we have noted at times, the human element in labor relations makes for interesting situations.  One of the more interesting issues is the timeliness of representation petitions, which, despite the existence of clear rules,...more

Parker Poe Adams & Bernstein LLP

Employer Cannot Join E-Verify Without Bargaining With Union

Under the National Labor Relations Act, unionized employers cannot make material changes to terms and conditions of employment without entering into bargaining with the union. Last month, the National Labor Relations Board...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

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

What’s Past is Prologue - NLRB Restores the Common Sense Meaning of Past Practice

In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide