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A Ceasefire in the Jurisdictional (Star) Wars: SpaceX and the NLRB Seek Guidance from National Mediation Board

Cosmic shifts are happening in the jurisdictional landscape between the National Labor Relations Act (NLRA) and Railway Labor Act (RLA). These shifts have implications for private employers, as they have different rights and...more

NLRB Reverses Nearly 80 Years of Precedent by Declaring Captive Audience Meetings Unlawful

The Board also opted to apply its holding prospectively only and not retroactively, which is atypical. The Board acknowledged that its decision marks a significant change in nearly eight decades of precedent permitting...more

11/18/2024  /  General Meetings , NLRA , NLRB , Unions

Some Good News for Employers: They Can Sue Unions for the Economic Consequences of At Least Some Strikes

In a highly anticipated decision, the United States Supreme Courtruled in Glacier Northwest, Inc. v. International Brotherhood of Teamsters, Local No. 174 that employers can sue unions that plan strikes in such a way as to...more

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

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

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

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

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

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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