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Labor Board New Fair Choice Rule Loophole for Construction Unions: What Employers Should Know

The National Labor Relations Board’s Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule...more

U.S. Supreme Court: Federal Labor Law Does Not Bar State Torts for Intentional Destruction of Co. Property

The National Labor Relations Act does not preempt a company’s state tort claims alleging a union’s intentional destruction of company property during a labor dispute, the U.S. Supreme Court has held in an 8-1 decision....more

Third-Party Access To Employer Property Under Court Scrutiny

When assessing whether a private employer must allow others access to its private property for union organizational purposes, the National Labor Relations Board’s (NLRB) precedent often has hinged on whether the person...more

Despite Potential Confusion, NLRB Declined To Change Representation Case Contract Bar Doctrine

Despite concerns over potential employee confusion about when they must exercise their right to petition for an election to decertify their union representative, in an April 21, 2021, decision, the National Labor Relations...more

Biden Administration Indicates Support For Union Neutrality Agreements

Employers can expect union and political pressure to push for neutrality agreements. President Joe Biden had signaled his approval of employers that enter into union neutrality agreements, including making a campaign promise...more

Is Employer’s Unilateral Change Protected By Labor Law’s ‘Contract Coverage’ Standard?

Whether an employer’s unilateral change to employee procedures violates the National Labor Relations Act (NLRA) is determined by whether the change “falls within the compass or scope of contract language that grants the...more

Right To Refuse To Bargain Over Union’s COVID-19 Proposal In Collective Bargaining Agreement?

Construction employers should remain mindful of the terms of their collective bargaining agreements and their obligations under the National Labor Relations Act, the National Labor Relations Board (NLRB) Division of Advice...more

Construction Labor Agreements When Implementing COVID-19 Plans, Policies, Practices

As construction continues and resumes during the COVID-19 pandemic, unionized construction employers must be mindful of the terms of their collective bargaining agreements (CBAs) when implementing workplace responses to...more

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