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OSHA Rule Could Allow Union Representatives to Join Inspections – Even at Non-Unionized Worksites

The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) has proposed revisions to the existing rules governing who can participate in OSHA's onsite workplace inspections. The purpose of these...more

Non-Union Employers Face Triple Threat: Unfair Labor Practice Charges, Unionization, and Bargaining Orders

The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more

NLRB Announces Willingness to Impose Extraordinary Remedies for Repeat Offenders - Board's Decision in Noah's Ark Processors...

On March 20, 2023, the National Labor Relations Board issued a decision in Noah's Ark Processors, LLC, d/b/a WR Reserve, 372 NLRB No. 80 (2023). The Board's decision follows a memorandum issued by National Labor Relations...more

NLRB Poised to Tip Scale in Favor of Disclosure of Employer Financial Information Based on Competitive Disadvantage Statements

In recent weeks, the National Labor Relations Board has issued several labor-friendly decisions, quickly checking off key items on General Counsel Jennifer Abruzzo's agenda. On November 30, 2022, the General Counsel released...more

NLRB Proposed Standard Would Increase Potential Liability for Businesses Employing Third Parties

If a National Labor Relations Board proposed rule is implemented as drafted, businesses that contract with third parties to provide labor or services would face significantly more risk of being held jointly liable with these...more

Employers Beware: NLRB Special Remedies Are Becoming Extra Special

The National Labor Relations Board (NLRB) issues "make whole" remedies. What that entails is changing drastically. Because non-union employers will be disproportionately affected, the stronger remedies might come as an...more

In the COVID-19 Era, What Does Face-to-Face Collective Bargaining Mean?

I've bargained "virtually" several times, had pre-hearing conference calls via Zoom, and have had an arbitration by Zoom. My clients have mixed feelings about those experiences. Virtual bargaining has been particularly...more

NLRB Announces New Standard for Reviewing Discipline for Offensive and Abusive Conduct

Yesterday, the National Labor Relations Board (NLRB) in General Motors LLC announced a big win for employers by changing the standard under which it will evaluate discipline issued to employees who make abusive or offensive...more

NLRB Restores Employers Right to Discipline Workers Promoting Unions on Work Time

Employers have long been allowed to ban employee solicitations of union support in work areas on work time, but they cannot ban general discussion of unions or protected activity. The definition of what constitutes a...more

6/11/2020  /  Corporate Counsel , NLRB , Solicitation , Unions

NLRB General Counsel Applies Rule of Reason to Workplace Rules

The National Labor Relations Board’s General Counsel Peter Robb (“GC”), through his office’s Division of Advice, recently provided welcome guidance to employers wanting to adopt, and enforce, some common (and common sense)...more

5/31/2019  /  NLRA , NLRB , NLRB General Counsel , Section 7 , Unions

Reversing Precedent, NLRB Drops Consent Requirement for Mixed Bargaining Unit of Temporary and Regular Employees

On July 11, the NLRB continued the expansion of joint-employer liability set forth in Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015) by eliminating the requirement that a union receive the consent of both the...more

NLRB Takes Another Run at “Quickie” Election Procedures

The National Labor Relations Board announced Wednesday that it is again proposing changes to its election procedures, ostensibly to “improve the process for all parties, in all cases, whether non-union employees are seeking a...more

NLRB Reverses Long-Standing Precedent on Employers' Ability to Unilaterally Cease Checkoff for Union Dues

Employers with collective-bargaining agreements that include union dues “checkoff” requirements may be unhappily surprised to learn that on Dec. 12, 2012, the National Labor Relations Board (the “NLRB”) wiped out 50 years of...more

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