News & Analysis as of September 21, 2024

Bargaining Power

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The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +

Does the Current Pandemic Entitle an Employer to Take Emergency Action Without Bargaining with the Union?

Neal, Gerber & Eisenberg LLP on 4/3/2020

The coronavirus epidemic has prompted many employers to consider whether the current emergency may allow them to take certain actions without first bargaining with the union representing their employees. ...more

Remember the Duty to Bargain When Planning Coronavirus Response!

Robinson & Cole LLP on 4/2/2020

As the United States continues to navigate the ongoing coronavirus pandemic and ensuing economic crisis, many employers are considering unprecedented action, such as altering their business model, implementing remote work...more

NLRB Issues Guidance on When Duty to Bargain May Be Suspended During COVID-19 Pandemic

Epstein Becker & Green on 4/2/2020

On March 27, 2020, NLRB General Counsel John Ring issued General Counsel Memorandum 20-04, entitled “Case Summaries Pertaining to the Duty to Bargain in Emergency Situations” providing employers with guidance “regarding the...more

Tackling the Duty to Bargain With a Union in Emergency Situations

Ballard Spahr LLP on 4/1/2020

General Counsel Memorandum 20-04, released on March 27, 2020, provides guidance on an employer’s duty to bargain under the National Labor Relations Act (Act) in emergency situations, where there is otherwise an absence of...more

The Obligation to Bargain During the Coronavirus Emergency

ArentFox Schiff on 3/31/2020

As the coronavirus pandemic continues to impact employers’ business operations, employers with unionized workforces are faced with making business decisions while fulfilling their obligation to bargain with their employees’...more

NLRB Limits Duty to Bargain Over Disciplinary Actions

Sheppard Mullin Richter & Hampton LLP on 7/1/2019

A unionized employer must bargain with its employees’ union before making any unilateral changes in employees’ wages, hours, working conditions or other terms and conditions of employment. Such changes are commonly referred...more

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

Littler on 10/25/2016

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

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