Joshua Fox

Joshua Fox

Proskauer Rose LLP

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Hard Bargaining Gone Bad: D.C. Cir. Upholds NLRB’s Bad-Faith Finding

The U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders continue to roll in.  Most recently, on June 27, 2025, the D.C. Circuit upheld an NLRB ruling that George Washington University...more

7/3/2025  /  Appeals , Arbitration , Employment Litigation , Federal Labor Laws , Healthcare , Judicial Authority , Labor Relations , NLRB , Unions

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

4/12/2024  /  Appeals , Arbitration , Bad Faith , Collective Bargaining Agreements (CBA) , Corporate Counsel , Injunctions , Meat Processing Plants , NLRA , NLRB , Subcontractors , Unions

Requiring Employees to Maintain the Confidentiality of Arbitration Proceedings Held to be Lawful Under the NLRA…For Now

In a recent decision by the NLRB, the Board upheld the lawfulness, in part, of an arbitration agreement that required employees to maintain the confidentiality of the arbitration proceedings, including the discovery process...more

3/29/2021  /  Arbitration , Arbitration Agreements , Confidentiality Agreements , Discovery , Employer Liability Issues , Employment Litigation , NLRA , NLRB

Overruling District Court, Second Circuit Affirms Individual Employees Are Bound By Arbitration Award Prosecuted By Their Union

On July 29, 2020, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) handed down what amounts to a significant win for the collectively-bargained dispute-resolution process set forth in the...more

7/31/2020  /  Arbitration , Arbitration Awards , Collective Bargaining , Collective Bargaining Agreements (CBA) , Employer Liability Issues , Employment Litigation , Grievance Process , Labor Relations , Unions

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality...more

6/23/2020  /  Administrative Law Judge (ALJ) , Arbitration , Arbitration Agreements , Boeing , Confidentiality Agreements , Employment Contract , Employment Policies , Epic Systems Corp v Lewis , Federal Arbitration Act , NLRA , NLRB , Section 7 , Workplace Investigations

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

1/3/2020  /  Administrative Law Judge (ALJ) , Arbitration , Arbitration Agreements , Babcock & Wilcox Construction , Collective Bargaining Agreements (CBA) , Contract Terms , Disciplinary Proceedings , Employment Contract , Filing Grievances , Grievance Process , Hiring & Firing , Labor Law Violations , Labor Reform , Labor Relations , NLRA , NLRB , Unfair Labor Practices , Unions , UPS , Wrongful Termination
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