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Make No Mistake: The NLRB Revives the ‘Clear and Unmistakable Waiver’ Standard

One December 10, 2024, the National Labor Relations Board (NLRB) issued its decision in Endurance Environmental Solutions, LLC, upending its prior “contract coverage” standard for determining whether a unionized employer...more

Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium

On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State...more

The New Critical Importance of a Union Request for Recognition

What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or...more

8/28/2023  /  Employer Liability Issues , NLRA , NLRB , Unions

NLRB GC’s Latest Guidance Expands Restrictions to Noncompete Provisions

On May 30, 2023, the General Counsel for the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance regarding the lawfulness of noncompete agreements and provisions. The General Counsel’s latest...more

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions

On March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance about the Board’s McLaren Macomb decision from earlier this year. The guidance made clear...more

Not Just ‘Clear and Unmistakable’: NLRB and Courts Embrace Contract Coverage Waiver Standard

Last fall, the National Labor Relations Board (NLRB) moved away from the strict “clear and unmistakable” standard when determining whether unions and their members waived certain rights. Since issuing its MV Transportation,...more

NLRB Finalizes Significant Changes to Union Election Procedures

On April 1, 2020, the National Labor Relations Board (NLRB) finalized its prior Notice of Proposed Rulemaking from August 12, 2019, enacting several significant changes to its union election procedures. Generally, these...more

4/3/2020  /  NLRA , NLRB , Union Elections , Unions

The Race to Change the NLRB's Joint Employer Standard Is Over. And the Winner Is . . .

After the National Labor Relations Board (NLRB) changed its joint employer standard in August 2015, two likely avenues to repeal that change emerged: Congress and the courts. In September of that year, congressional...more

Don't Strike Out: What to Do if Your Employees Strike on May 1

With the news reporting a large labor strike of around 350,000 workers planned for May 1, employers should develop a response strategy now to limit liability and keep their businesses humming. The nature of this strike may...more

If Your Employees Strike Against Trump, What Do You Do?

A day without immigrants: That is how organizers on social media describe plans for a nationwide strike threatened for February 16 and/or 17, 2017. If your employees join in this nationwide effort, you should consider three...more

NLRB Gives Students Right to Unionize

Undergraduate and graduate teaching assistants now have the right to organize and engage in collective bargaining, following the National Labor Relations Board’s (NLRB) Columbia University ruling on August 23, 2016. For most...more

NLRB, Seeking to Connect to "Reality of Today's Workforce," Changes Organizing Standard

The National Labor Relations Board (NLRB) continues to change the rules governing the relationships between employers, employees and unions in an effort to give unions new ways of organizing. On July 11, 2016, the NLRB issued...more

Unionized Employers, Take Note: E-Verify Is a Minefield

On May 13, 2016, a National Labor Relations Board (NLRB) judge ordered The Ruprecht Company, a meat processor and food manufacturer, to provide confidential immigration documents to the union and to rescind its participation...more

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