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Missouri Supreme Court Voids 2018 Missouri Public Reform Law

On June 1, 2021, in a 5-2 decision, the Missouri Supreme Court sitting en banc affirmed a circuit court decision that voided in its entirety HB 1413, which was enacted by the Missouri legislature in 2018 and sought to change...more

Funny You Should Ask: Is A Vaccine Mandate Subject Of Bargaining?

1. I have a unionized workforce. Do I need to bargain before mandating that my employees are Covid vaccinated before reporting to work? With the CDC largely ending mask requirements for those who are Covid vaccinated,...more

Ninth Circuit Construes Secondary Picketing In Context Of Shared Job Site

It’s become increasingly common for businesses to subcontract workers to perform jobs at a location that is shared with the business or other neutral third parties. When picketing at common job sites shared by the employees...more

Court Upholds Narrow University Rule To Reduce Firearm Crime

Key Points: The Western District of the Missouri Court of Appeals upheld a narrow portion of section 110.010.B.4(a) of the University of Missouri System Rules and Regulations that prohibits employees or students from...more

The PRO Act – A Wish List For Revival Of Unions

The Protecting the Right to Organize (PRO Act) (H.R. 842) is a sweeping effort to amend longstanding labor laws to facilitate union and employee organizing efforts. The union-friendly legislation would make the most...more

The Nine Lives Of Scabby The Rat

The saga of Scabby the Rat continues with the transition of the Biden administration and the recent unceremonious ouster of now-former General Counsel Robb. The debate focuses on whether the presence of Scabby, the large...more

Missouri Supreme Court To Decide Constitutionality Of Public Labor Reform Law

On November 16, 2020, the Missouri Supreme Court heard oral arguments in the case of Missouri National Education Association, et al. v. Missouri Department of Labor and Industrial Relations, et al., Ferguson-Florissant School...more

Understanding Employers’ Right To Impose Limits On Political Activities In The Workplace

As the 2020 general election approaches with many employees working remotely and participating on social media platforms, employers can anticipate that employees will engage in political speech and activity in the workplace....more

Long Awaited – Abusive Conduct Is Not Protected Activity

On July 21, 2020, the NLRB released the decision General Motors LLC and Charles Robinson (GM) which is significant not only for its substance but for its timing. The GM decision held that abusive conduct and speech is not...more

NLRB Decisions Restore Employers’ Right To Use Work Rules To Control Workplace

During the last half of May 2020, the National Labor Relations Board (Board) issued four decisions upholding the legality of employer facially neutral work rules. Two of the decisions applied the Boeing standard to assess the...more

Protecting Concerted Activity During The COVID-19 Pandemic

Key Points- •Media policies which prohibit employees from communicating with the media must be narrowly tailored to protect legitimate business interests such as protecting confidential information and controlling...more

Confidentiality And No-Participation Provisions In Voluntary Severance Agreements Lawful

On March 16, 2020, the Board issued its decision in Baylor University Medical Center and Dora S. Camacho reversing the 2018 ALJ decision and holding that Confidentiality and No Participation in Third-Party Claim provisions in...more

Labor Relations Issues And COVID-19: Avoiding NLRA Violations Through Proactive Measures

COVID-19 presents a formidable health and safety challenge to employers, and unionized employers also must address issues in the context of their obligations under the National Labor Relations Act (NLRA) and a collective...more

NLRB Announces Final Rule On Joint Employer Standard

Key points- • On February 26, 2020, the National Labor Relations Board issued its final rule on the joint employer standard limiting the imposition of joint employer status to businesses that exercise substantial, direct...more

No NLRB Rights For Adjunct Faculty At Religious University

The U.S. Court of Appeals for the D.C. Circuit recently issued a decision in Duquesne University of the Holy Spirit v. NLRB, which resulted in the denial of collective bargaining rights to adjunct faculty members employed by...more

Employers Can Terminate Health Insurance Benefits For Union Employees During A Strike

The UAW strike against GM represents the latest strike in a string of labor disputes between management and union workers. Continuation of health benefits during a strike is always a consideration in such situations. ...more

NLRB Expands Employers’ Right To Exclude Nonemployee Union Solicitations On Private Property

On September 6, 2019, the NLRB (Board) issued the decision, Kroger Limited Partnership I Mid-Atlantic and United Food and Commercial Workers Union 400 (Kroger decision), which overruled Sandusky Mall Co., and limited the...more

Repeated Strikes In Furtherance Of Common Goal Defeats Protected Status For Strikers

Key Points- Direct evidence of a plan to engage in repeated strikes to achieve a common goal establishes that such strikes are unprotected, intermittent strikes. Only in the absence of direct evidence will the Board...more

New Rulemaking At NLRB Focuses On Three Discretionary Bars To Representation Election Petitions

In a notice of proposed rulemaking and request for comments published on August 12, 2019, the NLRB exercised its discretionary rulemaking authority to propose changes to three discretionary election bar policies: - The...more

Chicago's Fair Workweek Ordinance To Impact A Broad Range Of Industry Sectors

Key Points- The City of Chicago passed the most comprehensive predictable scheduling law in the country which applies to industries beyond the service sector, including healthcare and manufacturing....more

NLRB Poised To Exterminate The Cat And Rat, According To NLRB Advice Memo

On May 17, 2019, the Office of the General Counsel (GC) released an advice memorandum dated December 20, 2018 signaling the National Labor Relations Board’s (Board) intent to continue to overturn precedent. The advice memo...more

SCOTUS: Class Arbitration Available Only Upon Explicit Agreement Between Parties

As previously noted in this alert, the U.S. Supreme Court continues to strongly support the enforcement of individual arbitration agreements. The Supreme Court decision released on April 24, 2019, Lamps Plus Inc. v. Varela,...more

NLRB Authorizes Reduction In Use Of Investigative Subpoenas To Expedite Investigations

Memorandum 19-05, issued by the NLRB Division of Operations Management of the Office of the General Counsel in March 2019, gives Regional Directors a new tool to expedite cases when a charged party fails to cooperate with an...more

NLRB Overrules Precedent And Limits Use Of Perfectly Clear Exception In Successorship Law

On April 2, 2019, in a 3-1 decision split along party lines, the Trump administration’s National Labor Relations Board (Board) appointees significantly narrowed the circumstances under which a successor employer will be...more

The NLRB Pumps The Brakes On Union’s Accretion Efforts

Unions commonly utilize clarification petitions to invoke accretion principles and try to bypass election procedures. However, the National Labor Relations Board’s recent decision in Recology Hay Road and Teamsters Local 315...more

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