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NLRB Shuts Down Mandatory Meetings on Union Views - But for How Long?

Can employers force workers to sit through a meeting where its (critical) views of unionization are presented to dissuade them from joining a union? On November 13, 2024, the National Labor Relations Board (“NLRB”) ruled that...more

NLRB Issues New Rules on Union Representation

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

Hard Bargaining or Unlawful Bargaining: What A Difference A Board Member Makes

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

College Basketball Players Entitled to Union Election: Regional Director Dunks on Dartmouth

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

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

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

U.S. Supreme Court: Strike Does Not Protect Union from Lawsuit for Damage to Company Property

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

NLRB Issues Twin Rulings Expanding the Scope of 'Make-Whole' Remedies and Easing Union Organizing Burdens

​​​​​​​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

NLRB General Counsel Memo States Intent to Make Captive Audience Speeches Unlawful

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

NLRB General Counsel Issues Guidance on Bargaining Obligations under OSHA ETS

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

Supreme Court Holds Union Organizer Entry on Private Property Violates 5th Amendment

In a decision that may concern employers, the Supreme Court held on June 23, 2021, that a California state regulation that required agricultural employers to allow union organizers onto their property for up to three hours...more

NLRB Extends Its Gift-Giving Season to Employers

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

NLRB Proposes New Rules to Modify Union Election Policies

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

Trump Board Kills Micro-Units, Weakens Unilateral Change Claims, Questions Quickie Election Rules

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

NLRB Relaxes Standard for Review of Employer Work Rules and Joint Employer Status

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

Board Continues Expansion of Joint Employer Doctrine, Allows Unions to Organize Mixed Units of Regular Employees and Staffing...

Employers who rely on staffing agencies for employees must be aware of the significant expansion in the National Labor Relations Board’s treatment of the joint-employer doctrine as determined in two major recent decisions....more

Employer May Terminate Pre-Hire Agreement with Union, Sixth Circuit Rules

On April 21, 2016, resolving a situation not previously decided by the Sixth Circuit Court of Appeals, the court held that a construction company that was a party to a pre-hire collective bargaining agreement lawfully...more

NLRB Punts on College Athlete Unions

On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...more

College Athletes as Employees

Spring 2014 saw the first ever attempt to form a union among Division I college athletes, specifically the football team at Northwestern University in Evanston, Ill. The National Labor Relation Board’s (“NLRB” or “Board”)...more

Michigan Passes Student-Athlete Union Ban

Michigan is poised to officially ban student-athletes at public colleges and universities from forming or joining a labor union. Gov. Rick Snyder is expected to sign the recently passed bill into law by the end of the year. ...more

Agency Fees Can’t Be Required for Illinois Rehab Personal Assistants, SCOTUS Rules

The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v....more

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