Proskauer - Labor Relations

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Firm Profile: Proskauer Rose LLP
2049 Century Park East
Los Angeles, CA 90067-3206, United States
Phone: 212.969.3000
Fax: 212.969.2900
Areas of Practice
  • Commercial Law & Contracts
  • Labor & Employment Law
  • Litigation
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Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Massachusetts
  • New Jersey
  • New York
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Turns Out Attempting To Insert New Term Into Collective Bargaining Agreement Not Agreed To In Negotiations Violates The Law…Who Knew?

As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions making it pretty much impossible to change the law which requires a majority…more
 /  Administrative Law, Commercial Law & Contracts, Labor & Employment Law

NLRB Reverses Information Request Decision…After Court Reverses Board Decision

December saw a flurry of decisions by the NLRB as it briefly held a full complement. The Board currently has only four members and so law-changing decisions are less likely to occur until a new member is confirmed…more
 /  Administrative Law, Labor & Employment Law

NLRB Restores Ability Of ALJ’s To Accept Settlement Offers Over Objection of Charging Party and General Counsel- Overrules One Year Old Precedent

In the last few years, December has been a time of change at the NLRB. The last few Decembers have seen precedent overturned and other sweeping decisions issue from the Board. This December is no different. With Chairman…more
 /  Administrative Law, Civil Remedies, Labor & Employment Law

A Return to Clarity: Traditional Joint Employer Test Reinstated

As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week. In a widely-predicted 3-2 decision (Miscimarra, Kaplan, Emanuel), the NLRB,…more
 /  Administrative Law, Franchise Law, Labor & Employment Law

On A Roll: Board Finds No Bargaining Obligation Attaches to Unilateral Actions Consistent with Past Practice

On the eve of Chairman Miscimarra’s departure, the Board has been churning out decision after decision, many of them reversing precedents from the last 8 years. Today, the NLRB, in Raytheon Network Centric Systems, 365 NLRB…more
 /  Administrative Law, Labor & Employment Law

Handbook Wars – Common Sense Returns NLRB Overhauls Standard for Legality of Work Rules

We have noted many times over the years how the NLRB’s zeal to review employer policies, or more correctly, fragments of employer policies, for lawfulness has led to nettlesome issues that rarely, if ever, involve actual…more
 /  Administrative Law, Labor & Employment Law

“Micro-Units” Eliminated: NLRB Overturns Specialty Healthcare

Adding to the list of falling precedents in the waning days of Chairman Miscimarra’s term, on Friday, the NLRB reversed another of the seminal decisions of the Obama-Board when it overruled the highly controversial Specialty…more
 /  Administrative Law, Health, Labor & Employment Law

Here We Go: The Full Board Finally Starts to Make Its Mark

NLRB Reverses Precedent on Joint Employer Liability and Standard Governing Employee Handbooks - This afternoon, just two days prior to the end of Chairman Philip Miscimarra’s term, the NLRB issued a pair of 3-2 decisions…more
 /  Administrative Law, Labor & Employment Law

NLRB Hints That “Ambush” Election Regulations May Be Rescinded

Things are moving fast and furiously at the NLRB. Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent from…more
 /  Administrative Law, Labor & Employment Law

NLRB GC Boldly Defines Direction of Board Prosecution in New GC Memo

The new NLRB General Counsel Peter Robb has been fast at work. A short two weeks after being sworn in on November 17, 2017, the new General Counsel issued a memorandum making clear his intention to re-examine much of the legal…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new…more
 /  Administrative Law, Alternative Dispute Resolution (ADR), Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

NLRB Gains a New General Counsel With Senate Confirmation of Peter B. Robb

By a vote of 49 to 46, the U.S. Senate confirmed Peter B. Robb as the General Counsel of the NLRB. Mr. Robb, who replaces former General Counsel Richard Griffin, is the 33rd person to hold the position since the NLRA was passed…more
 /  Elections & Politics, Labor & Employment Law

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the recent…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law

Senate Confirms Appointment of William J. Emanuel to NLRB; Board Has Full Complement,- For Now

In a 49-47 vote today, the Senate confirmed William J. Emanuel’s appointment to the NLRB. Once Mr. Emanuel is sworn in, it will be first time since 2015 that the NLRB has had a full five members. Before 2015, years of gridlock…more
 /  Elections & Politics, Labor & Employment Law

NLRB Ditches Effort To Expand Weingarten Rights to Non-Union Workplaces

Since the change in Presidential administrations, the main topic has turned to what rules will a newly constituted NLRB change? With the addition of Marvin E. Kaplan the Board now has four members, which makes undoing some of…more
 /  Elections & Politics, Labor & Employment Law
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