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Administrative Law Judge (ALJ) National Labor Relations Board Unions

McAfee & Taft

NLRB changes course on consent orders … again

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The National Labor Relations Board (NLRB) has long allowed employers and unions to resolve cases arising from unfair labor practice charges without a full adjudication on the merits. The most common way in which this is...more

Bradley Arant Boult Cummings LLP

TIPS at the Coffee Shop: A Caffeinated Reminder About What Not to Do During Union Campaigns

The National Labor Relations Board issued yet another Starbucks decision this past week. Again, the Board upheld an administrative law judge’s opinion that Starbucks violated the National Labor Relations Act during a union’s...more

Sheppard Mullin Richter & Hampton LLP

Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Balch & Bingham LLP

Ripple Effects Of SEC Adjudication Ruling May Be Momentous

Balch & Bingham LLP on

Suppose that your nemesis has a legal beef with you, and you learn that the law allows him to appoint one of his employees to judge the case. Shocked? You should be. Yet federal agency adjudication works the same way. How...more

Saul Ewing LLP

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

Saul Ewing LLP on

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

Proskauer - Labor Relations Update

Not So Fast:  D.C. Circuit Resists Invitation to Reject NLRB Deference

On July 5, 2024, in Hospital de la Concepcion v. NLRB, the D.C. Circuit was the first federal appeals court to weigh in on deference afforded to the National Labor Relations Board (“NLRB”) in the wake of the landmark U.S....more

Fox Rothschild LLP

Oversalted: NLRB Judge Facilitates Union Organizing, Throws Out Noncompete/Nonsolicit Agreements

Fox Rothschild LLP on

A National Labor Relations Board Administrative Law Judge recently found that a company violated the National Labor Relations Act (NLRA) by terminating a “union salt”— an organizer unions place at a workplace to unionize its...more

Husch Blackwell LLP

Deauthorization – A Win for Employees and a Path to Right to Work Under the NLRA

Husch Blackwell LLP on

On June 11, 2024, the National Labor Relations Board (NLRB) issued a very short but interesting decision in Governed United Security Professionals (Golden SVCS, LLC) and Sheldon N. Fraser, 373 NLRB No. 66 (June 11, 2024),...more

Faegre Drinker Biddle & Reath LLP

NLRB: Noncompete and Employee Nonsolicitation Agreements Violate Covered Employees’ Section 7 Rights Under NLRA

On June 13, 2024, an administrative law judge (ALJ) of the National Labor Relations Board (the Board) joined the growing chorus of federal and state agencies condemning the use of restrictive covenants, in J.O. Mory, Inc.,...more

CDF Labor Law LLP

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

CDF Labor Law LLP on

On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

Sheppard Mullin Richter & Hampton LLP

U.S. District Court Grants 10(j) Injunctive Relief and Requires Employer to Bargain With Union That Lost Secret Ballot Election

On May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”) that was filed by the...more

Miller Canfield

Hard Bargaining or Unlawful Bargaining: What A Difference A Board Member Makes

Miller Canfield on

The National Labor Relations Board (NLRB) recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining. District Hospital Partners, 375 NLRB No. 55...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB puts kibosh on American tradition of whiskey for votes

According to U.S. News & World Report, in 1758 George Washington was elected to the Virginia House of Burgesses after he plied voters with beer, whiskey, rum punch, and wine. He did so after a landslide loss three years...more

Littler

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Littler on

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

Littler

D.C. Circuit: NLRB Must Weigh Contract-Based Defenses and Enforce Lawful CBA Provisions

Littler on

The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Spring 2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

Parker Poe Adams & Bernstein LLP

Internal Employee Grievance Committees Can Violate Federal Labor Laws

When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more

Sheppard Mullin Richter & Hampton LLP

Think Twice Before Closing the Shop Doors

In a recent 2-1 decision in Quickway Transportation, Inc., 372 NLRB No. 127 (2023), the National Labor Relations Board (the “Board”) reversed the Administrative Law Judge and ordered a trucking company to re-open its terminal...more

Miller Nash LLP

NLRB Acts Swiftly to Apply New Standards on Union Elections and Bargaining Obligations

Miller Nash LLP on

As expected, the National Labor Relations Board (NLRB) is swiftly implementing its new standards governing union elections and bargaining orders under the groundbreaking Cemex decision. We discussed Cemex and the new...more

Proskauer - Labor Relations Update

That Was Fast: Judge Orders Cannabis Company to Recognize and Bargain with Union Under “Cemex”

As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more

Paul Hastings LLP

NLRB Elevates Union Authorization Cards Over Secret-Ballot Elections to Compel Employers to Recognize Unions

Paul Hastings LLP on

For more than 50 years, the National Labor Relations Board had held — with Supreme Court approval — that when a union claimed to represent an employer’s workforce, the employer could refuse to recognize the union, leaving the...more

Proskauer - Labor Relations Update

Not A Clean Break:  Cautionary Tale for Employers Looking To Close Plants

In a very active end of summer for labor law, the National Labor Relations Board (“Board”) ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company’s closure of a terminal where its drivers...more

Proskauer - Labor Relations Update

NLRB Clarifies Burden Shifting Framework in Mixed-Motive Cases

On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

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