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
12/16/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Employer Liability Issues ,
Employment Contract ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions ,
Wage and Hour ,
Waivers
In a landmark decision, the National Labor Relations Board has significantly altered the landscape of employer free speech rights by restricting the use of mandatory “captive audience” meetings. 373 NLRB No. 136 (Nov. 13,...more
The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more
The National Labor Relations Board witnessed a significant increase in union election petitions in fiscal year (FY) 2024 (Oct. 1, 2023 – Sept. 30, 2024). The Board received 3,286 union election petitions, a 27 percent rise...more
The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and...more
In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more
9/22/2023
/ Collective Bargaining ,
Contract Negotiations ,
Corporate Counsel ,
Discipline ,
Duty to Bargain ,
Employee Handbooks ,
Employer Liability Issues ,
Independent Contractors ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Repeat Violations ,
Severance Agreements ,
Unfair Labor Practices ,
Union Elections ,
Union Organizers ,
Unions
The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more
Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more
The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures...more
While one of organized labor’s most important legislative priorities, the Protecting the Right to Organize Act (PRO Act), languishes with a seemingly limited chance at becoming law, employers still must brace for substantial...more
The National Labor Relations Board (NLRB) has asked for the parties and amici to submit briefs answering four questions in a case involving a union’s display of a large inflatable rat, commonly called “Scabby the Rat,” and...more
The AFL-CIO has sued the National Labor Relations Board (NLRB) to stop implementation of changes to NLRB representation case procedures involving its blocking charge policy, the voluntary recognition bar doctrine, and its...more
1. The National Labor Relations Board (NLRB) has signaled its intention to amend its criteria for ordering mail-ballot elections, even as some regional offices are directing mail-ballot elections due to the COVID-19 pandemic....more
Provisions in an expired collective-bargaining agreement (CBA) do not cover post-expiration unilateral changes under the National Labor Relations Act (NLRA), unless the expired CBA contains language explicitly providing that...more
The National Labor Relations Board (NLRB) has ruled an employer does not have a duty to provide a union with relevant information that contains confidential material if the union has refused the employer’s offer to bargain...more
The National Labor Relations Board (NLRB) has postponed until July 31, 2020, the effective date of its final rule modifying three aspects of its election procedures: its blocking charge policy, the voluntary recognition bar...more