News & Analysis as of

Labor Relations Unions Collective Bargaining

Sheppard Mullin Richter & Hampton LLP

New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB

With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board...more

Conn Maciel Carey LLP

D.C. Circuit Rejects NLRB’s “Irrational” View of Impasse

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Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more

Littler

Denying The Existence of a Bargaining Impasse Doesn’t Make It True, at Least Not in the D.C. Circuit

Littler on

On June 13, 2025, the D.C. Circuit refused to enforce an “irrational” Board order finding an employer violated its duty to bargain by declaring impasse. By declaring impasse, the employer sought to implement its last, best,...more

Fisher Phillips

The Railway Labor Act: A Practical Guide For Employers In Air And Rail Transportation

Fisher Phillips on

While most employers in the U.S. must comply with the National Labor Relations Act (NLRA), employers in the railroad and airline industries need to understand the Railway Labor Act (RLA) and how its unique requirements impact...more

Miller Nash LLP

Washington State Law Provides Agricultural Cannabis Workers the Right to Unionize

Miller Nash LLP on

A recently passed Washington State House Bill permits agricultural workers to unionize under the supervision of Washington’s Public Employment Relations Commission (PERC). On April 22, 2025, the Governor signed House Bill...more

Ballard Spahr LLP

Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation – Labor, Employment, and...

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This episode is part of our “Bridging Campuses: Legal Insights on Education Industry Consolidation” series, where we discuss trends in higher education consolidation and closures, and outline common characteristics of at-risk...more

Tucker Arensberg, P.C.

Commonwealth Court Approves Unemployment Compensation Benefits to Striking Workers

Tucker Arensberg, P.C. on

An economic strike is challenging for any employer. The likelihood, however, that it will achieve its bargaining goals will be substantially reduced if its striking employers can substitute unemployment compensation benefits...more

Genova Burns LLC

Trump Executive Order Targets Federal Unions and Sparks Legal Battle over Bargaining at 18 Agencies

Genova Burns LLC on

By Executive Order dated March 27, 2025, entitled, “Exclusions from Federal Labor-Management Relations Programs,” President Trump moved to end collective bargaining with unions at 18 federal agencies and urged them to void...more

Seyfarth Shaw LLP

How might multi-employer bargaining spread through resources sector and beyond?

Seyfarth Shaw LLP on

On 20 March, we published the first in this two-part series about the legal developments being watched closely by resource sector businesses in 2025 that could significantly impact their labour strategies. With margins...more

Spilman Thomas & Battle, PLLC

The Pendulum Swings – Changes at the NLRB Under the Trump Administration

The installation of a new Administration with a fundamentally different philosophical identity once again foreshadows fundamental changes in the relationship between private sector employees and employers governed by the...more

Bricker Graydon LLP

Be Wary of Concerted Protected Activity

Bricker Graydon LLP on

We often get a raised eyebrow or a confused look when discussing the National Labor Relations Act (NLRA) or National Labor Relations Board (NLRB). For companies free from union activity and free from following a collective...more

Hogan Lovells

Works Constitution in Germany – An Overview 2025

Hogan Lovells on

The concept of works council participation has a long tradition in Germany, dating back to the Weimar Republic following World War I. Information and consultation rights for employee representatives were introduced by the...more

McDermott Will & Emery

Kein digitales Zugangsrecht – Gewerkschaft scheitert mit Klage gegen Adidas

Spätestens seit der Corona-Pandemie erfreut sich das Home-Office großer Beliebtheit: Rund ein Viertel aller Erwerbstätigen in Deutschland arbeitet zumindest teilweise aus dem Home-Office. Doch während das mobile Arbeiten...more

Davis Wright Tremaine LLP

Oregon Governor's Executive Order Regarding Project Labor Agreements (PLAs) for State Construction Projects

Oregon Governor Tina Kotek issued Executive Order No. 24-31, titled "Establishing Project Labor Agreements[1] for State Construction Projects" ("EO 24-31" or "Order"), on December 18, 2024. On December 31, 2024, the...more

Baker Donelson

NLRB Places Further Restrictions on Employers: Captive Audience Meetings

Baker Donelson on

The National Labor Relations Board (the Board) voted 3-1 on November 13, 2024, (along party lines, with Member Kaplan dissenting) to prohibit so-called "captive audience" meetings.1 In doing so, the Board overturned...more

Fisher Phillips

What Employers Need to Know About the Current State of the NLRB

Fisher Phillips on

A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more

Proskauer - Labor Relations Update

Ninth Circuit Buys a Circuit Split on Available Remedies Under the NLRA

On January 21, 2025, the U.S. Court of Appeals for the Ninth Circuit enforced a National Labor Relations Board (“NLRB” or the “Board”) order requiring Macy’s to provide workers with heightened remedies in response to an...more

Vedder Price

You Can’t Miss a Shot If You Don’t Show Up to the Game: Union Pulls Petition to Unionize Dartmouth Basketball Team

Vedder Price on

On December 31, 2024, Service Employees International Union, Local 560 (SEIU), the union seeking to represent the men’s basketball team at Dartmouth College, withdrew its petition to the National Labor Relations Board (NLRB),...more

Husch Blackwell LLP

Strike Averted: Longshoremen, USMX Reach Tentative Agreement on All Terms

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The International Longshoremen’s Association (ILA) and the United States Maritime Alliance (USMX) announced a tentative agreement on a new six-year contract. Both parties described the deal as a “win-win,” addressing the...more

Venable LLP

Prepare for Pro-Employer Shift in Labor Law under the Trump Administration

Venable LLP on

Decisions and policies under the National Labor Relations Board ("NLRB" or "Board") have become increasingly politicized the last few decades resulting in significant swings between pro-employer and pro-union/employee...more

Benesch

Port Labor Dispute - Navigating Service Challenges and What to Expect As Labor Negotiations Resume

Benesch on

Negotiations between the International Longshoremen’s Association (ILA) and the United States Maritime Alliance (USMX) are set to resume this week – just days before a January 15, 2025 resolution deadline before the ILA may...more

Morgan Lewis

NLRB Returns to “Clear and Unmistakable Waiver” Test for Assessing Employer Unilateral Changes

Morgan Lewis on

In Endurance Environmental Solutions, the National Labor Relations Board returned to the “clear and unmistakable waiver” standard for determining whether an employer may make changes to terms and conditions of employment...more

Littler

NLRB Returns to "Clear and Unmistakable Waiver" Standard for Unilateral Changes

Littler on

On December 10, 2024, the National Labor Relations Board issued a decision reinstating its prior standard for determining whether a union has contractually waived its right to bargain over changes to terms and conditions of...more

CDF Labor Law LLP

NLRB Reinstates Prior “Clear and Unmistakable” Standard For Waivers of Statutory Right to Bargain

CDF Labor Law LLP on

On December 10, 2024, the National Labor Relations Board (“NLRB”) delivered its decision in Endurance Environmental Solutions, LLC (Case 09-CA-273873 ), reinstating a prior NLRB standard pertaining to an employer’s obligation...more

Stoel Rives - World of Employment

NLRB Waters Down Management Rights In Latest Union-Friendly Board Decision, But Potential Republican Board Majority In Early 2025...

Since 2019, employers have relied heavily on the management rights clauses in collective bargaining agreements to make unilateral workplace changes involving operational decisions.  They did so with the protection of the...more

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