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New NLRB Counsel Overturns Biden-Era Policies, Signaling Pro-Employer Shift

With one stroke of his pen, the National Labor Relations Board’s (NLRB) new Acting General Counsel, William Cowen, has effectively dismantled more than two dozen key Biden-era initiatives that favored employees and unions. ...more

NLRB Issues Labor-Friendly Decisions on ‘Captive Audience’ Meetings, Employer Statements on Unionization

Reversing established precedent that has stood for decades, two recent decisions by the National Labor Relations Board make it increasingly difficult for employers to make the argument to workers that unionization is not in...more

Even if the White House Flips, Change May Come Slowly to the NLRB

Most employers are aware that the President appoints the five members of the National Labor Relations Board with the advice and consent of the Senate and that, by law and tradition, a majority of the Board’s Members are from...more

Oversalted: NLRB Judge Facilitates Union Organizing, Throws Out Noncompete/Nonsolicit Agreements

A National Labor Relations Board Administrative Law Judge recently found that a company violated the National Labor Relations Act (NLRA) by terminating a “union salt”— an organizer unions place at a workplace to unionize its...more

UAW Wins Big at VW; Now What?

The United Auto Workers won a potentially momentum-shifting organizing victory last week. In a secret ballot election conducted by the NLRB at a Chattanooga, Tennessee Volkswagen plant, nearly 75% of the putative bargaining...more

As Unionization Efforts Increase, New York Bans ‘Captive Audience Meetings’

New York recently prohibited employers from disciplining employees who refuse to attend meetings or listen to communications where the “primary purpose” is for management to express its views on religious or political...more

In Latest Pro-Labor Rulings, NLRB Sharply Curtails Management’s Ability to Change Union Workers' Employment Terms

In a pair of decisions issued on Aug. 30, 2023, the National Labor Relations Board (NLRB) established new, restrictive standards for evaluating when a unionized employer may avoid bargaining over changes to employees’ terms...more

NLRB's New Framework for Union Organizing Puts Employers at a Severe Disadvantage

The National Labor Relations Board has issued a groundbreaking decision that jettisons 50 years of established law to provide unions a more favorable framework to organize nonunion companies. On the heels of new rules...more

Employers Watch Warily as Case Filings at NLRB Soar

While commentators debate whether or not the economy is in a recession, one area where business is booming is at the National Labor Relations Board, which recently announced a significant increase in case filings for the...more

NLRB Hands Unions Another Win; Requires Employers to Maintain Dues Checkoff Following Contract Expiration

For a second time in recent weeks, the National Labor Relations Board has chosen to bolster unions’ rights at employers’ expense. On September 30, 2022, in Valley Hospital Medical Center, Inc., 371 NLRB No. 160 (2022), a...more

NLRB GC Seeks to Curtail Employers’ Defenses to Union Organizing Amidst Huge Increase in Union Election Petitions

On April 6, the National Labor Relations Board announced that union representation petitions filed with the agency during the first six (6) months of the fiscal year had increased 57% from the previous year....more

More Sound and Fury from the NLRB GC – Signifying What, Exactly?

NLRB General Counsel Jennifer Abruzzo announced, in a February 1 memorandum, that the Board will consider seeking interim injunctive relief – heretofore an extraordinary remedy reserved for particularly serious unfair labor...more

PRO Act: Congress Considers Fundamental Changes To Federal Labor Law

Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide. The Protecting the Right to...more

Watch The Pendulum Swing – NLRB’s Acting GC Rolls Back Predecessor’s Guidance Memoranda

NLRB Acting General Counsel Peter Ohr is moving swiftly to put his stamp on national labor policy. Last week, my partner Andrew MacDonald blogged about Ohr’s withdrawal of a complaint that had challenged the use of a...more

The Coronavirus And Unionized Employees: Issues Options And Strategies

Private sector employers with unionized employees and even non-union employees must be especially careful when addressing certain workforce concerns connected with the coronavirus outbreak. Below, we will address common...more

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