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Uphill Battle for Employer Unilateral Changes as NLRB Returns to “Clear and Unmistakable Waiver” Standard

The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more

Top Five Labor Law Developments for January 2022

1. The National Labor Relations Board General Counsel’s office is advocating for overturning Trump-era Board cases defining the scope of National Labor Relations Act-protected activity. In a brief filed on January 14, The...more

NLRB Finds I-9 Compliance Can Be Subject To Mandatory Bargaining

Complying with statutory workplace requirements does not necessarily excuse an employer from its bargaining obligations. A panel of the National Labor Relations Board (NLRB) upheld an Administrative Law Judge’s (ALJ) finding...more

NLRB Finds Aggressive Bargaining Proposals Not Unlawful

An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor Relations Board (NLRB)....more

Top Five Labor Law Developments for August 2020

1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more

Labor Board Decision Broadly Approves Holding ULP Trials By Video

The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing that an unfair labor practice trial be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more

Labor Board Sets New Standard For Determining When Abusive Workplace Conduct Is Unprotected

In a sweeping decision that overrules several of their precedents, the National Labor Relations Board (NLRB) has decided that it no longer will apply “setting-specific” standards for determining when an employee’s abusive...more

Appeals Court Vacates NLRB Decision, Rejects Credibility Findings

The National Labor Relations Board (NLRB) incorrectly found an employee invoked Weingarten rights and misapplied the Wright Line burden-shifting framework in finding an employee was unlawfully terminated, the federal appeals...more

NLRB Division Of Judges To Resume Unfair Labor Practice Hearings In June

The Division of Judges of the National Labor Relations Board (NLRB) has announced it is going to resume holding unfair labor practice hearings beginning on June 1, 2020. The Division had postponed all hearings during May for...more

Top Five Labor Law Developments For January And February 2020

1.The Trump Administration announced its intent to re-nominate National Labor Relations Board (NLRB) member Marvin Kaplan and former member Lauren McFerran. President Donald Trump is preparing a nomination package to ensure...more

NLRB: Confidentiality, Cell Phone, Electronic Communications Policies Lawful Under NLRB’s Work Rules Decisions

Applying its decisions in Boeing Co. (365 NLRB No. 154) and Caesars Entertainment Corp. (368 NLRB No. 143), the National Labor Relations Board (NLRB) has overturned an Administrative Law Judge’s (ALJ) finding that an employer...more

Top Five Labor Law Developments For September 2019

1. The National Labor Relations Board (NLRB) has adopted a new standard for determining whether contractual language acts as a waiver of a union’s right to bargain over a specific issue. MV Transportation, Inc., 368 NLRB No....more

Access To Private Property: Labor Board Rules Girl Scout Cookies And Union Protesters Are Different

A nonemployee’s solicitation for charitable or civic causes on an employer’s property is not the equivalent of a nonemployee union representative’s engaging in a protest soliciting customers to boycott an employer or in union...more

NLRB: Property Owners May Limit Off-Duty Access By Contractors’ Employees

The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may prohibit the off-duty employees of its on-site contractors (or licensees) from accessing its private property to engage in Section 7...more

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