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The New Critical Importance of a Union Request for Recognition

What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or...more

8/28/2023  /  Employer Liability Issues , NLRA , NLRB , Unions

NLRB Finds Secret Workplace Recordings to Be Protected Activity

On February 13, 2022, the National Labor Relations Board (NLRB) held that Starbucks violated federal labor law at multiple locations in Philadelphia in 2019 and 2020. The decision, issued by the NLRB’s three Democrats, found...more

Third Circuit Holds Arbitration Provisions Do Not Survive Expiration of CBA

On March 30, 2022, a panel in the Third Circuit Court of Appeals overruled nearly 30-year-old precedent and held that arbitration provisions do not survive the expiration of a collective bargaining agreement (CBA) in...more

Benefit Plan Descriptions May Create Unilateral Contracts in Pennsylvania

Benefit plan descriptions may expose Pennsylvania employers to additional contractual obligations and liabilities. According to a three-judge Pennsylvania Superior Court panel, providing benefit plan descriptions to employees...more

San Francisco Enacts Temporary ‘Back to Work’ Ordinance in Response to COVID-19 Layoffs

On June 23, 2020, the San Francisco Board of Supervisors passed a "Back to Work" Emergency Ordinance guaranteeing reemployment to certain employees laid off due to the COVID-19 pandemic. The ordinance requires covered...more

Political Strike Guidance for Employers: Preparing for ‘Strike for Black Lives’

On July 20, 2020, organizers and labor organizations across the country are planning a “Strike for Black Lives” — a national walkout of workers in support of “dismantling racism and white supremacy to bring about fundamental...more

Not Just ‘Clear and Unmistakable’: NLRB and Courts Embrace Contract Coverage Waiver Standard

Last fall, the National Labor Relations Board (NLRB) moved away from the strict “clear and unmistakable” standard when determining whether unions and their members waived certain rights. Since issuing its MV Transportation,...more

Pennsylvania Businesses Ordered to Shut Down Their Physical Operations If Not “Life Sustaining”

Update: 3/20/2020: The Wolf administration has updated the list of what it deems a “life sustaining” business. The updated list is here. Business now identified as life sustaining that were not previously included include:...more

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