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
11/2/2023
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Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Remedies ,
Thryv Inc v Click-To-Call Technologies LP ,
Unions
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
On March 24, 2023, Gov. Gretchen Whitmer signed into law reconciled Senate Bill 34/House Bill HB4005, which officially repealed Michigan’s “right-to-work” law, which has been in effect since 2012.
The core issue that...more
Employers who have watched the National Labor Relations Board — the nation’s primary enforcer of labor law — over the years anticipate that it will reshuffle its priorities soon after the White House changes parties. The...more
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
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
Beginning May 31, 2020, the time from petition to union election is slated to double, creating new opportunities for employers. As mentioned in our December 2019 article, the National Labor Relations Board (NLRB), via...more
The National Labor Relations Board (NLRB) likes to act in December, partly because that’s often when Board member terms end, and 2019 is no exception. Democrat Member Lauren McFerran’s term expired on December 16, leaving...more
What Is Different Now -
With a new decision called MV Transportation, Inc., the National Labor Relations Board (NLRB) has adopted a new standard for judging one of the most common and powerful types of allegations unions...more
If part of an employer’s property is open to the public (such as a cafeteria or restaurant), can external union organizers use it to try to organize that employer’s workforce? For decades the National Labor Relations Board...more
New legislation prohibiting municipalities in Illinois from passing local ordinances banning union security clauses was signed into law by Democratic Gov. J.B. Pritzker on April 12, 2019. The new law puts an end to an...more
Construction industry employers should keep an eye out for potential changes in how the National Labor Relations Board (NLRB) assesses unionization standards, as it soon may be harder for unions to establish indefinite...more
After a quiet start to the year, the National Labor Relations Board (NLRB) and its new chairman, John Ring, are now making strides to change the labor laws in favor of employers. One key development is its announcement that...more
In a decision with particular importance for non-acute health care facilities but clear application for nearly any kind of employer, the NLRB changed its standard for evaluating which classifications of employees a union can...more
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
Just before National Labor Relations Board (NLRB) General Counsel Richard F. Griffin’s term expired on October 31, 2017, Griffin quietly left a parting gift to those who file charges at the agency (usually unions and...more
Heralding a shift at the Occupational Safety and Health Administration (OSHA), the Department of Labor has confirmed that an Obama administration OSHA memorandum permitting union or community organization representatives to...more
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
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
On March 30, 2016, one week after the U.S. Department of Labor (DOL) published its final “Persuader” Rule, the National Association of Manufacturers and other national, state and local business groups sued the DOL to block...more