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
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 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
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
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
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
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
6/28/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
NLRA ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
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
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
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
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
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
8/18/2015
/ Collective Bargaining ,
College Athletes ,
Colleges ,
Employee Definition ,
Jurisdiction ,
NLRA ,
NLRB ,
Northwestern University ,
Sports ,
Unions ,
Universities
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
2/17/2015
/ College Athletes ,
Colleges ,
Employee Definition ,
Employer Liability Issues ,
NCAA ,
NLRA ,
NLRB ,
Northwestern University ,
Scholarships ,
Union Elections ,
Unions ,
Universities
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
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
7/2/2014
/ Collective Bargaining ,
First Amendment ,
Harris v Quinn ,
Healthcare ,
Home Health Care ,
Medicaid ,
Public Employees ,
Right to Work ,
SCOTUS ,
Union Dues ,
Unions