Tom Luetkemeyer on Unfair Labor Practices

U.S. Supreme Court Rejects Relaxed Standard for Injunctive Relief Under Section 10(j) of the National Labor Relations Act

On June 13, 2024, the U.S. Supreme Court, in Starbucks Corp. v. McKinney (National Labor Relations Board), No. 23-367, rejected the arguments of the National Labor Relations Board (the “Board”) to relax the standard that a...more

6/21/2024 / Injunctive Relief , NLRA , NLRB , Preliminary Injunctions , SCOTUS , Starbucks , Starbucks Corp. v McKinney , Unfair Labor Practices , Union Organizers , Unions

NLRB Reverses 50-Year Precedent and Lessens Standard for a Bargaining Order Without a Secret Ballot Election

The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy...more

8/28/2023 / Collective Bargaining , Collective Bargaining Agreements (CBA) , NLRA , NLRB , Secret Ballot , Unfair Labor Practices , Union Elections , Unions

NLRB Decision that Broadly-Worded Confidentiality Provisions in Separation Agreements are Unlawful Raises Important Questions

The National Labor Relations Board (NLRB) recently issued a controversial decision concerning the use of non-disparagement and confidentiality provisions by employers in separation agreements. In McLaren Macomb and Local 40,...more

2/24/2023 / Employer Liability Issues , Employment Policies , NLRA , NLRB , NLRB General Counsel , Section 7 , Unfair Labor Practices

The Scabby Saga Continues

The battle over Scabby the Rat took another turn on July 21, 2021, when the National Labor Relations Board issued its anticipated decision and order in International Union of Operating Engineers, Local 150 and Lippert...more

7/27/2021 / Employee Rights , Employment Policies , First Amendment , Labor Disputes , NLRA , NLRB , Secondary Boycott , Strike , Unfair Labor Practices , Union Representatives , Unions

Escape Clause in Mandatory Arbitration Agreement Carries the Day for Employer in NLRB's Unfair Labor Practice Analysis

Historically, there has been a "push and pull" between the National Labor Relations Board (Board) and employers over mandatory arbitration agreements and class action waivers. Although most of the disputes have been resolved...more

8/25/2020 / Administrative Law Judge (ALJ) , Arbitration Agreements , Contract Terms , Employment Contract , Mandatory Arbitration Clauses , NLRB , Retroactive Application , Savings Clause , Section 7 , Unfair Labor Practices

NLRB Clarifies its Section 7 Evidentiary Standard for Evaluating Employer Discipline for Employee Abusive Conduct

Last September, we anticipated a change in National Labor Relations Board (Board) policy regarding the evidentiary standard for resolving unfair labor practice charges related to employer discipline of employee abusive...more

8/6/2020 / Abusive Acts , Disciplinary Proceedings , Employee Misconduct , Equal Employment Opportunity Commission (EEOC) , Evidentiary Standards , NLRB , Section 7 , Unfair Labor Practices , Wright Line Test

A "Perfectly Clear" Successor Under the NLRB is Less Than Perfectly Clear

A recent decision by a three judge panel of the federal D.C. Circuit Court of Appeals highlights potential pitfalls for successor employers who want to establish new compensation terms. In First Student, Inc., the D.C....more

9/9/2019 / Appeals , Corporate Counsel , NLRA , NLRB , SCOTUS , Unfair Labor Practices

NLRB Ruling: Simply Misclassifying Workers is Not an Unfair Labor Practice

The National Labor Relations Board (NLRB) continues to retreat from its previously expansive approach to what might be considered interference with Section 7 rights under the National Labor Relations Act (the "Act")....more

9/4/2019 / Employee Definition , Independent Contractors , Misclassification , NLRA , NLRB , Section 7 , Unfair Labor Practices

Management Rights Clause Does Not Give Management Right to Skip Bargaining Over Non-Compete and Confidentiality Agreement D.C....

In Minteq v. NLRA, the United States Court of Appeals for the District of Columbia Circuit held an employer committed an unfair labor practice under Section 8 (a)(5) by failing to notify and bargain with a union over its...more

5/3/2017 / Collective Bargaining Agreements (CBA) , Confidentiality Agreements , Management Rights Clauses , NLRA , Non-Compete Agreements , Pre-Employment Agreements , Section 8 , Unfair Labor Practices , Unions

Tilting the Battlefield: NLRB Makes It Easier For Unions To Challenge Use Of Permanent Replacements

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more

9/7/2016 / American Baptist , Corporate Counsel , Hiring & Firing , Independent Unlawful Purpose , NLRB , Section 7 , Strike , Unfair Labor Practices , Unions

Tom Luetkemeyer

Hinshaw & Culbertson LLP

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