In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a...more
6/6/2023
/ Collective Bargaining ,
Commercial Truck Drivers ,
NLRA ,
NLRB ,
Preemption ,
Property Damage ,
Protected Activity ,
Strike ,
Teamsters ,
Unions ,
WA Supreme Court
In International Brotherhood of Electrical Workers, Local Union 43 v. National Labor Relations Board, the U.S. Court of Appeals for the Second Circuit became the first court to explicitly approve the National Labor Relations...more
In General Motors LLC, the National Labor Relations Board (NLRB) departed from recent cases condoning abusive employee behavior when accompanied by protected activity. (See previous Holland & Knight alert, "Recent NLRB...more
In NLRB v. Babcock & Wilcox, Inc., decided in 1956, the U.S. Supreme Court provided two exceptions to the general rule that an employer cannot be compelled to open its property to union organizers. The first exception applies...more
11/6/2019
/ Disparate Treatment ,
Employer Liability Issues ,
Kroger ,
Labor Regulations ,
NLRB ,
Non-Employees ,
Private Property ,
Property Owners ,
Right of Access ,
Union Organizers ,
Union Representatives ,
Unions
The National Labor Relations Board (NLRB) on Aug. 12, 2019, published proposed amendments to its rules and regulations in representation matters. Comments on the proposed amendments are due by Oct. 11, 2019, and reply...more
• In SuperShuttle DFW, Inc., a National Labor Relations Board (NLRB, or Board) majority overruled its 2014 decision in FedEx Home Delivery and held that shuttle-van-driver franchisees of SuperShuttle at Dallas Fort Worth...more
1/30/2019
/ Common Law Test ,
Delivery Drivers ,
Entrepreneurs ,
FedEx ,
Franchisee ,
Franchises ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Right to Control
The National Labor Relations Board (NLRB or the Board) has continued its trend of subjecting employer work rules to scrutiny as to whether they unlawfully restrict workers' rights to form or join labor organizations, bargain...more
Effective April 14, 2015, the long-standing election procedures to resolve questions concerning union representation will be truncated to facilitate what a number of commentators critical of the changes refer to as "ambush...more
An administrative law judge (ALJ) of the National Labor Relations Board (the "Board") recently found that a Hooters employee who cursed at her co-worker during an employee bikini contest was wrongfully terminated by her...more
A Third Circuit ruling in a case brought by a sheet metal workers union raises the possibility that general contractors may be liable if their subcontractors fail to assign work in accordance with the terms of a project labor...more