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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 The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule...more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

Project Labor Agreements Coming to an Infrastructure Project Near You

Construction contractors and subcontractors that do not typically have exposure to project labor agreements (PLAs) should expect to see them as a result of the new Infrastructure Investment and Jobs Act (IIJA), which became...more

Alabama Court Temporarily Enjoins All Picketing in Mine Workers Strike

Strikes have been in the news recently. Employers faced with a strike, or a possible strike, often wish to know their legal options, including whether they may seek injunctive relief. The short answer is that federal law...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

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

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