News & Analysis as of

Collective Bargaining Good Faith

Steptoe & Johnson PLLC

NLRB ‘Will Not Stop Short’ in Imposing Remedies for Failure to Bargain

Steptoe & Johnson PLLC on

On April 20, 2023, the National Labor Relations Board (the Board) issued its decision in Noah’s Ark Processors, LLC (Noah’s Ark), holding that Noah’s Ark, a Nebraska meat processor, violated the National Labor Relations Act...more

FordHarrison

NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count

FordHarrison on

Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to...more

Miller Canfield

NLRB General Counsel Issues Guidance on Bargaining Obligations under OSHA ETS

Miller Canfield on

On November 10, 2021, the NLRB General Counsel issued a memorandum discussing the bargaining obligations imposed on covered employers under OSHA's Emergency Temporary Standard to Protect Workers from Coronavirus ("ETS")....more

Sherman & Howard L.L.C.

The NLRB Finally Cancels Pre-Disciplinary Bargaining

In a long-awaited move, the National Labor Relations Board (“NLRB” or “Board”) overruled the Obama Board’s decision in Total Security Management Illinois 1, LLC, 364 NLRB No. 106 (2016) (“Total Security“), and concluded that...more

Proskauer - Labor Relations Update

NLRB Upholds Employer’s Bargaining And Demotions Post-Impasse As Lawful

In its January 31, 2020 decision in Phillips 66, 369 NLRB No. 13 (January 31, 2020) the Board reversed a number of findings of unfair labor practices found by an Administrative Law Judge related to the employer’s conduct...more

Sheppard Mullin Richter & Hampton LLP

More Good News From The Board: NLRB Scraps The Clear And Unmistakable Waiver Standard For The Contract Coverage Test When Deciding...

A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board’s decision in MV Transportation, 368 NLRB No. 66 (2019), and the Board’s decision provides critical cover to employers...more

Fisher Phillips

NLRB Streamlines Process For Employers To Withdraw Union Recognition

Fisher Phillips on

The National Labor Relations Board just relaxed its test for determining the legality of an employer’s anticipatory withdrawal of union recognition prior to the expiration of the collective bargaining agreement. In the July 3...more

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

Third Thursdays with Ruthie: Negotiating Union Security and Dues Checkoff Provisions

Union security and dues checkoff are both important subjects that come up during collective bargaining. In this episode of the Third Thursdays podcast, Ruthie Goodboe discusses the impact of union security and dues checkoff...more

Sheppard Mullin Richter & Hampton LLP

No Evidence? No Problem! National Labor Relations Board’s General Counsel Memorandum Eases Burden On Beck Objectors Following...

On April 29, 2019, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) issued Memorandum GC 19-06, which provides guidance to the Board’s regional offices on how to handle cases involving Beck...more

A&O Shearman

Sentences in H1 2016

A&O Shearman on

Transfer of former contractors´ employees to new subcontractor under the applicable collective bargaining agreement. Exemption of liability of new subcontractor on the salary debts of the previous contractor (Judgement of the...more

FordHarrison

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

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On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In...more

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