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The New Critical Importance of a Union Request for Recognition

What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or...more

8/28/2023  /  Employer Liability Issues , NLRA , NLRB , Unions

Starting With a Bang: Biden Shakes up the NLRB

On day one of his administration — and within hours of being sworn in — President Joe Biden made significant changes at the National Labor Relations Board (NLRB). After Peter Robb, the Board’s Trump-appointed general counsel...more

NLRB Decision Gives Employers More Freedom to Address Offensive and Abusive Conduct

On July 21, 2020, the National Labor Relations Board (NLRB or the Board) issued a long-awaited decision giving employers more freedom to discipline employees who engage in abusive, obscene or profane conduct in connection...more

D.C. Court Slows the NLRB’s Departure from “Quickie Election” Rules; NLRB Implements New Rules Unaffected by Order

On May 30, 2020, the U.S. District Court for the District of Columbia issued an eleventh-hour decision preventing the National Labor Relations Board (NLRB) from implementing new rules on union representation election...more

Question & Answer Employer Guide: Return to Work in the Time of COVID-19 (Updated)

As government authorities look to implement business reopening measures, employers are now planning to move employees back into the workplace as state and local stay-at-home orders expire and other COVID-19 business...more

COVID-19 Issues For Unionized Employers

The COVID-19 pandemic has caused unprecedented disruption for U.S. businesses of every size and in every industry. As state and local governments have ordered companies to cease nonessential operations and directed consumers...more

New Year, Old NLRB: Board Restores Deferential Standard for Arbitration Decisions

The National Labor Relations Board (NLRB) helped employers ring in the new year by overturning yet another Obama-era decision that was unfavorable to employers. On December 23, 2019, the Board’s unanimous decision in United...more

1/14/2020  /  Arbitration , NLRA , NLRB

Unionized Employers: ‘Contract Coverage’ Just Changed Everything

What Is Different Now - With a new decision called MV Transportation, Inc., the National Labor Relations Board (NLRB) has adopted a new standard for judging one of the most common and powerful types of allegations unions...more

NLRB Limits Definition of 'Concerted' Activities by Employees

The National Labor Relations Board (NLRB) will find a violation of federal labor law when employees are disciplined or discharged for engaging in protected concerted activities. The key element is that employees must be...more

D.C. Circuit Upholds Obama-Era Joint Employer Test, Invites Showdown Over Future NLRB Rulemaking

One of the longest running sagas in labor law opened yet another chapter on December 28, 2018, when a panel of D.C. Circuit judges issued a decision that creates additional uncertainty regarding the National Labor Relations...more

A Holiday Gift for Employers: NLRB Hands Down New Book for Employee Handbooks

In a 3-2 decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), the National Labor Relations Board (Board) backed away from 13 years of employee-friendly precedent concerning rules, policies and handbooks by...more

Full House at the NLRB: Fifth Member Confirmed by Senate

William Emanuel, the second of President Donald Trump’s appointments to the National Labor Relations Board (NLRB), has been confirmed by the U.S. Senate and sworn in as the newest member of the NLRB. Emanuel’s confirmation...more

Supreme Court Decides National Labor Relations Board v. SW General, Inc.

On March 21, 2017, the United States Supreme Court decided National Labor Relations Board v. SW General, Inc., No. 15-1251, holding that the Federal Vacancies Reform Act of 1998 (FVRA) prevents any person nominated for a...more

NLRB Invalidates Employer's "No Recording" Policies, Bolstering Employees' Ability to Record in the Workplace

Christmas came a day early for labor unions. On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision that invalidated two employee handbook policies prohibiting employees from recording...more

A Must Read: NLRB General Counsel Issues Helpful Guidance on Employee Handbook Policies and Rules

Over the past several months, we have alerted you to the National Labor Relations Board’s (NLRB) recent trend of scrutinizing employers’ handbook policies and finding many common policies unlawful. ...more

What Employers Should Know About NLRB's New "Quickie Election" Rules

On December 12, 2014, the National Relations Labor Board (NLRB) announced new rules for the handling of union organizing petitions that will become effective in April 2015. The NLRB's publication explaining the changes and...more

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