On August 1, 2024, the National Labor Relations Board is set to roll out its Fair Choice-Employee Voice Rule, which includes three major changes...more
The National Labor Relations Board (NLRB) recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining. District Hospital Partners, 375 NLRB No. 55...more
On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer...more
On February 5, National Labor Relations Board (NLRB) Regional Director Laura Sacks ordered a representation election to be held to determine if the Dartmouth University Men’s Basketball team will be represented by the Service...more
On October 26, 2023, the National Labor Relations Board (NLRB) issued a Final Rule that makes it much easier for the NLRB to find a company to be a "joint employer" of persons directly employed by its contractors, vendors,...more
The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more
8/4/2023
/ Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Regulatory Agenda ,
Unfair Labor Practices ,
Unions
Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more
6/7/2023
/ Civil Liability ,
Glacier Northwest v International Brotherhood of Teamsters ,
NLRA ,
NLRB ,
Preemption ,
Private Property ,
Property Damage ,
SCOTUS ,
State Law Claims ,
Strike ,
Teamsters ,
Unions
In a ruling that will impact both union and non-union employees, the National Labor Relations Board (“NLRB”) held that standard non-disparagement and confidentiality provisions contained in a severance agreement were invalid...more
On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...more
12/16/2022
/ Bargaining Units ,
Collective Bargaining ,
Compensatory Damages ,
Damages ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
Make-Whole Doctrine ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more
National Labor Relations Board (NLRB) General Counsel (GC), Jennifer Abruzzo, has issued a memorandum stating her intent to seek to change the NLRB's longstanding rule allowing employers to hold mandatory meetings during...more
On November 10, 2021, the NLRB General Counsel issued a memorandum discussing the bargaining obligations imposed on covered employers under OSHA's Emergency Temporary Standard to Protect Workers from Coronavirus ("ETS")....more
11/15/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Good Faith ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Temporary Regulations ,
Unfair Labor Practices ,
Unions ,
Vaccinations
On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more
9/30/2021
/ Colleges ,
Corporate Counsel ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Retaliation ,
Scholarships ,
Student Athletes ,
Student Employees ,
Universities
The National Labor Relations Board (NLRB) issued its final rule on joint-employer status after engaging in notice-and-comment rulemaking for more than five months. The rule overturns the NLRB's 2015 decision in Browning...more
The National Labor Relations Board (NLRB) closed 2019 with several decisions and rule changes that overturned recent board precedent and revived older, more employer-favorable standards.
On December 16, 2019, the NLRB...more
1/23/2020
/ Adverse Employment Action ,
Arbitration ,
Collective Bargaining Agreements (CBA) ,
Dues Checkoff ,
Electronic Communications ,
Email ,
NLRB ,
Protected Activity ,
Purple Communications ,
Union Dues ,
Unions
The National Labor Relations Board (the "NLRB" or "Board") issued a Notice of Proposed Rulemaking on Monday, August 12, 2019, which proposes amendments to certain interpretations of the National Labor Relations Act (the...more
The National Labor Relations Board ("the Board") has revised the standard for determining who are independent contractors excluded from the National Labor Relations Act's ("the Act") protections, meaning more workers are...more
The National Labor Relations Board (NLRB) has issued a proposed new rule designed to overturn the broad standard for finding joint employer status previously announced in Browning Ferris Industries of Cal., 362 NLRB No. 186...more
The National Labor Relations Board (NLRB) announced a new pilot program to increase the use of alternative dispute resolution (ADR) and offer parties greater control over the resolution of their cases while saving both time...more
The National Labor Relations Board (NLRB) has revived a broad, union-friendly joint employer test, at least for now. In December 2017, the board issued its decision in Hy-Brand Industrial Contractors, which put in place a...more
In PCC Structurals, Inc., in a 3-2 decision, the National Labor Relations Board (NLRB or Board) overturned the 2011 Specialty Healthcare decision which allowed “micro-units” of small groups of employees to organize within a...more
The National Labor Relations Board (NLRB or Board) has overruled two precedents that had been particularly nettlesome to the employer community. First, in The Boeing Company the NLRB, in a 3-2 decision on Dec. 14, 2017,...more
Sworn in less than a month ago, National Labor Relations Board’s new General Counsel Peter B. Robb is wasting little time setting a new direction for the NLRB.
On Dec. 1, 2017, Robb issued General Counsel Memorandum 18-02...more
On Friday, April 21, 2017, a regional director for the National Labor Relations Board (NLRB) ordered that a union representation election must be held in a unit composed of 110 undergraduate student residential advisors at...more
The National Labor Board of Relations decision released on Aug. 23, 206, will have far-reaching consequences for private universities and colleges. The decision promises to be a potential source of litigation and headaches...more