While extensive high-profile strike activity was heavily reported throughout 2023, it was – striking– to analyze the hard data regarding 2023 strike activity in Bloomberg’s annual report that was just released. The report...more
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
On March 29, 2024, the Department of Labor Occupational Safety and Health Administration (“OSHA”) released a final rule amending the Occupational Safety and Health Act of 1970 (“OSH Act”), clarifying who can serve as an...more
In another much-anticipated reversal of existing precedent, as the National Labor Relations Board (“Board”) completes its late-summer flurry before the Labor Day weekend, the Board issued a pair of decisions overruling...more
On March 30, 2022, three judge panel of the Third Circuit Court of Appeals unanimously overruled prior precedent allowing “implied” contracts to survive the expiration of a written agreement. The instant panel held, instead,...more
In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more
5/10/2021
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Discipline ,
Duty to Bargain ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
On April 21, 2021, the National Labor Relations Board (the “Board”) declined to eliminate or modify its long-standing contract-bar doctrine, which purports to provide stability in the relationship among the employer, a...more
On January 14, 2021, the NLRB issued a decision in Asociacion de Empleados del Estado Libre Asociado de Puerto Rico, 370 NLRB No. 71. The decision involved the issue of whether a term of employment contained in a collective...more
When an employee is disciplined and then claims the employer acted on account of union animus in violation of Section 8(a)(3) of the Act, evidence to support such a claim either can be proffered through direct evidence, such...more
12/16/2020
/ Administrative Law Judge (ALJ) ,
Adverse Employment Action ,
Charging Party ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Employment Policies ,
Failure to Investigate ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Unions ,
Wright Line Test
The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of Advice (“Advice”), the...more
8/18/2020
/ CARES Act ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Liability Issues ,
Layoffs ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices ,
Unions ,
Workplace Safety
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
The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace.
On June 23, 2020, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the Board...more
6/25/2020
/ Administrative Law Judge (ALJ) ,
Collective Bargaining Agreements (CBA) ,
Discipline ,
Duty to Bargain ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
On Thursday, February 6, 2020 the U.S. House of Representatives passed the Protecting the Right to Organize Act, also known as the “PRO Act”. The legislation passed mostly along party lines, would provide sweeping changes to...more
2/10/2020
/ Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Right to Work ,
Section 7 ,
Unfair Labor Practices ,
Unions
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
Mid-December is always a time where one can expect significant decisions to issue from the NLRB. In recent years, we saw the Board, among other decisions, abandon the much criticized “micro unit” standard and the equally...more
12/17/2019
/ Bethlehem Steel ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Negotiations ,
Dues Checkoff ,
Labor Relations ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Statutory Requirements ,
Union Dues ,
Union Security Clauses ,
Unions
As we near the end of the agency’s fiscal year on September 30, the NLRB is churning out many significant decisions. On September 10, the Board issued a sweeping decision concerning an issue that has divided the NLRB and D.C....more
The NLRB continues to churn out decisions post-Labor Day. On September 4, in a 2-1 decision, (Chairman Ring and Member Kaplan, with Member McFerran dissenting), the NLRB found that E.I. DuPont De Nemours did not violate the...more
On the eve of Independence Day, the NLRB, in a 3-1 decision (Member McFerran dissented), clarified the law concerning withdrawal and enunciated a new framework for determining whether a union has retained majority support at...more
7/8/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions ,
Withdrawal
On the eve of Chairman Miscimarra’s departure, the Board has been churning out decision after decision, many of them reversing precedents from the last 8 years.
Today, the NLRB, in Raytheon Network Centric Systems, 365...more