John Hodges-Howell

John Hodges-Howell

Davis Wright Tremaine LLP

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The Demise of the Past-Practice Defense: Takeaways From Recent NLRB Decisions

Following recent decisions of the National Labor Relations Board, it is now nearly impossible for employers to make unilateral decisions consistent with past practices when negotiating a first contract and when negotiating a...more

9/28/2023  /  Anti-Discrimination Policies , Collective Bargaining Agreements (CBA) , Cost-of-Living Adjustment (COLA) , Management Rights Clauses , NLRB , Raytheon , SCOTUS , Succession Planning , Wage and Hour , Working Conditions

NLRB General Counsel Moves to Invalidate Noncompete Agreements

On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued Memorandum GC 23-08, setting forth her view that noncompete provisions in employment contracts and severance agreements...more

6/2/2023  /  Employees , Employer Liability Issues , Employment Contract , Intellectual Property Protection , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts

Lion Elastomers Revives a "Setting-Specific" Standard That Is Again Likely to Lead to Arbitrary Results and Conflicting Obligations Under Various Statutes - After the National Labor Relations Board's recent decision in...more

5/9/2023  /  Disciplinary Proceedings , Employee Misconduct , Employees , Employer Liability Issues , Employment Litigation , NLRA , NLRB , Policies and Procedures

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts - Lion Elastomers Revives a...

After the National Labor Relations Board's recent decision in Lion Elastomers LLC II, employers must now carefully navigate two "fundamentally different" classes of employee misconduct: 1) "misconduct during ordinary work,"...more

5/9/2023  /  Discipline , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity

NLRB Announces Willingness to Impose Extraordinary Remedies for Repeat Offenders - Board's Decision in Noah's Ark Processors...

On March 20, 2023, the National Labor Relations Board issued a decision in Noah's Ark Processors, LLC, d/b/a WR Reserve, 372 NLRB No. 80 (2023). The Board's decision follows a memorandum issued by National Labor Relations...more

5/2/2023  /  Collective Bargaining , Employer Liability Issues , NLRA , NLRB , Unfair Labor Practices , Unions

GC Abruzzo Continues Her Assault on NLRB Decisions She Believes Are Too Employer Friendly

In a memo released March 20, the National Labor Relations Board's General Counsel, Jennifer Abruzzo, updated her remaining prosecutorial priorities, identifying the kinds of cases she wants regional offices to send her for...more

3/27/2023  /  Employee Rights , Employer Liability Issues , NLRB , NLRB General Counsel , Protected Concerted Activity , Section 7

NLRB General Counsel Offers Roadmap for Severance Agreements, But Employers Might See a Dead End

The General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued a memo setting forth her views regarding the future of severance agreements in the wake of the Board's recent decision in McLaren Macomb....more

3/27/2023  /  Confidentiality Agreements , Employer Liability Issues , NLRB , NLRB General Counsel , Non-Disparagement Provisions , Section 7 , Severance Agreements , Unfair Labor Practices

NLRB Makes It Harder for Property Owners to Expel Union Protesters

In a recently issued decision—Bexar II—a divided National Labor Relations Board again reversed employer-friendly standards, this time granting expanded property access to the off-duty employees of a property owner's...more

1/4/2023  /  Employee Rights , Employer Liability Issues , NLRB , Property Owners , Right of Access , Unfair Labor Practices , Unions

NLRB Poised to Tip Scale in Favor of Disclosure of Employer Financial Information Based on Competitive Disadvantage Statements

In recent weeks, the National Labor Relations Board has issued several labor-friendly decisions, quickly checking off key items on General Counsel Jennifer Abruzzo's agenda. On November 30, 2022, the General Counsel released...more

12/30/2022  /  Collective Bargaining , Corporate Counsel , Inability To Pay , NLRB , NLRB General Counsel , Popular , Unions

The Merry Go Round Continues – In Latest Reversal, NLRB Says Dues Checkoff Continues After CBA's Expiration

On Monday, October 3, 2022, in Valley Hospital Medical Center II, the National Labor Relations Board reversed a 50-year-old precedent, ruling that employers violate the National Labor Relations Act by unilaterally ceasing to...more

10/25/2022  /  Collective Bargaining , Collective Bargaining Agreements (CBA) , Dues Checkoff , NLRB , Union Dues , Unions

NLRB Proposed Standard Would Increase Potential Liability for Businesses Employing Third Parties

If a National Labor Relations Board proposed rule is implemented as drafted, businesses that contract with third parties to provide labor or services would face significantly more risk of being held jointly liable with these...more

9/19/2022  /  Browning-Ferris Industries of California Inc. , Employer Liability Issues , Joint Employers , NLRA , NLRB , Staffing Agencies , Unions

NLRB Allows Employer Searches of Workers' Cars and Use of Communication Devices

In Verizon Wireless, decided June 24, 2020, the National Labor Relations Board held that employers have the right to search employees' personal property, including their vehicles, when on company premises. The Board also...more

7/8/2020  /  Asset Protection , Corporate Counsel , Employee Monitoring , NLRB

NLRB Restores Employers' Right to Freely Discipline Represented Employees Before Reaching a First Contract

Since the enactment of the National Labor Relations Act in 1935, employers maintained their right to discipline newly-represented employees while bargaining for a first contract without having to provide the union notice and...more

7/7/2020  /  Corporate Counsel , Discipline , NLRB , Unions

NLRB Restores Employers Right to Discipline Workers Promoting Unions on Work Time

Employers have long been allowed to ban employee solicitations of union support in work areas on work time, but they cannot ban general discussion of unions or protected activity. The definition of what constitutes a...more

6/11/2020  /  Corporate Counsel , NLRB , Solicitation , Unions
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