On June 1, 2023, the United States Supreme Court issued its 8-1 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174,1 holding that the National Labor Relations Act (“NLRA”)2 does...more
We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes, and other activities by...more
By Gerard Morales In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that...more
8/16/2022
/ Collective Bargaining ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Regulations ,
Labor Relations ,
NLRB ,
Remedies ,
Unions ,
Wage and Hour
In a recent decision, FDRLST Media, LLC v. National Labor Relations Board (No. 20-3434 & 3492 3rd Cir. May 20, 2022), the United States Court of Appeals for the Third Circuit (“Court”) denied enforcement of an order of the...more
On September 29, 2021, National Labor Relations Board (“NLRB”) General Counsel, Jennifer A. Abruzzo, released Memorandum GC 21-08 (the “GC Memo”) issuing guidance on her position that certain “Players at Academic...more
In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair...more
In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted...more
In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the...more
In a very recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether a party engages in objectionable conduct if, during a union election campaign, it engages in mail-ballot...more
“Major American businesses have made clear that the skills needed in today’s increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints.” Grutter v....more
On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the...more
On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act.1 With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a...more
3/16/2021
/ ABC Test ,
Collective Bargaining Agreements (CBA) ,
Employee Definition ,
Employee Rights ,
Epic Systems Corp v Lewis ,
Federal Labor Laws ,
Independent Contractors ,
Labor Relations ,
New Legislation ,
NLRA ,
Pending Legislation ,
Right to Work ,
SCOTUS ,
Taft-Hartley Act ,
Unions
Section 7 of the National Labor Relations Act (the Act) gives employees the right to engage in “concerted activities” for “mutual aid or protection.”
In general, “concerted activities” are activities or conduct by...more
Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers.
In a decision involving a Las Vegas employer, the Board held...more
12/18/2019
/ Confidential Information ,
Disciplinary Proceedings ,
Electronic Communications ,
Email ,
Email Policies ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Protected Concerted Activity ,
Purple Communications ,
Section 7 ,
Sexual Harassment ,
Unfair Labor Practices ,
Unions ,
Workplace Investigations
In a December 16, 2019 decision, the National Labor Relations Board (Board) held that employers’ statutory obligation to checkoff union dues pursuant to their union contracts ends when said contracts expire. Overruling...more
It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of...more
Letters from unions to owners, general contractors and other contractors informing them of the union’s dispute with one or more of the subcontractors, working at a common construction project site (or common situs), and of...more
Recently the Supreme Court heard oral arguments on a matter that could severely impact the status of unions. The dispute will determine whether nonunion employees working in the public sector should have to pay partial union...more
4/4/2018
/ Collective Bargaining ,
Fair Share Law ,
First Amendment ,
Friedrichs v CA Teachers Association ,
Opt-Outs ,
Public Employees ,
Public Sector Unions ,
SCOTUS ,
Teachers ,
Union Dues ,
Unions
Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016.
A recent hot topic with...more
12/8/2016
/ Arbitration ,
Arbitration Awards ,
Collective Bargaining ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Department of Transportation (DOT) ,
Design Professionals ,
Dispute Resolution ,
Federal Contractors ,
Financial Statements ,
General Contractors ,
NLRB ,
Payment Bonds ,
Public Works ,
Statute of Repose ,
Subcontractors ,
Unions ,
Waivers
The new NLRB expedited union election rules, scheduled to go into effect on April 14, 2015, drastically restructure NLRB representation proceedings and impose very significant new obligations on employers. The rule changes...more
A National Labor Relations Board (“NLRB”) Regional Director recently issued a ruling that could clear the way for more unionization of faculty members at private, religious schools. The Regional Director for NLRB Region 19...more
Reversing well established precedent, on December 11, 2014, the National Labor Relations Board (NLRB or the Board) held that employees that have been given access to their employers’ email systems, must be permitted to use...more
Can Non-Employees Be Denied Access to Employers’ Property?
Employers often raise questions on whether labor law requires them to allow non-employees to solicit, hand-bill, demonstrate, etc. on the employers’ property....more
Threat to File a Formal Proceeding Seeking State Action -
Commercial developer (Developer) is developing a shopping center in X Township (Township). Developer is considering non-union general contractor (Non-U) to...more
The Dispute -
The International Longshore and Warehouse Union (“ILWU”) had a long established collective bargaining relationship with grain exporter Marubeni-Columbia Grain, Inc. (“CGI”), which covered CGI’s employees...more