NLRA, Collective Bargaining, Employees

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

CDF Labor Law LLP on 5/23/2024

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

When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless...

Seyfarth Shaw LLP on 5/22/2024

Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more

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

Sheppard Mullin Richter & Hampton LLP on 5/20/2024

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

A Rocky Mountain Remix for Protected Concerted Activity: Colorado Adopts Rules for the Protections of Public Workers Act, Creating...

Littler on 3/15/2024

On February 26, 2024, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (the “Division”) adopted final rules for the Protections for Public Workers Act (PROPWA). As previously...more

NCAA Proposes Classifying Certain NCAA Student Athletes as Employees

CDF Labor Law LLP on 12/6/2023

The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on 9/26/2023

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Manufacturers Beware: New, Easier Union Representation Process

Robinson+Cole Manufacturing Law Blog on 9/18/2023

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election. The NLRB’s new standard (announced in Cemex Construction...more

Cemex Construction NLRB Decision

Akerman LLP - HR Defense on 9/18/2023

It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue...more

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

Littler on 9/12/2023

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more

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

Paul Hastings LLP on 9/5/2023

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

NLRB limits employer opportunity to let employees vote on union representation

Constangy, Brooks, Smith & Prophete, LLP on 9/1/2023

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

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition

Ballard Spahr LLP on 8/31/2023

On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,...more

NLRB’s Cemex Decision - Not Exactly Card Check, but Awfully Close

Littler on 8/29/2023

On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) released its highly anticipated decision in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115. Cemex involved allegations...more

Historic NLRB Decision Changes When Employers Must Recognize and Bargain with Unions

Stevens & Lee on 8/25/2023

In a monumental sea change, on August 25, 2023, the National Labor Relations Board (NLRB) issued a decision in Cemex Construction Materials Pacific, LLC announcing a new rule for deciding when employers must bargain with...more

NLRB follows the General Counsel’s Lead: Enhanced Remedies May Now Apply to Bad-Faith Bargaining

Littler on 4/26/2023

On April 20, 2023, a three-member panel of the National Labor Relations Board (Board) ruled 2-1 in Noah’s Ark Processors LLC, 372 NLRB No. 80 (2023), that a combination of remedies imposed for unfair labor practices by an...more

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on 1/9/2023

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

The Practical NLRB Advisor – Fall 2022

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/27/2022

In the last issue of the Ogletree Deakins Practical NLRB Advisor, we utilized this space to remark that the current general counsel’s (GC) multifaceted and radical agenda posed genuine institutional issues for the National...more

NLRB Returns to Obama-Era Microunit Standard

Perkins Coie on 12/22/2022

On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more

As Union Support Increases, so Does the Need for Effective Labor Management and Training

FordHarrison on 7/26/2022

Executive Summary: Recently, the National Labor Relations Board (“NLRB” or “the Board”) issued a press release detailing an increase in labor activity this year. Compared to this time last year, the Board has seen an...more

Collective Bargaining for Nonprofit Organizations

Steptoe & Johnson PLLC on 4/4/2022

In recent years, the Service Employees International Union the American Federation of State, County and Municipal Employees, and the Office and Professional Employees International Union have made substantial progress in...more

Students or Employees?: The National College Players Association Files Charges Asserting Student Athletes are Employees under the...

Jenner & Block on 2/28/2022

On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National...more

NLRB General Counsel Issues Memos Calling for New Harsher Penalties for Unfair Labor Practice Violations

Sheppard Mullin Richter & Hampton LLP on 9/23/2021

As we previously reported, the National Labor Relations Board (“NLRB” or the “Board”) has been undergoing a seismic change of direction. With two memoranda published September 8th and September 15th, NLRB General Counsel...more

Recent Union Organizing Efforts and What Employers Can Do

Baker Donelson on 8/13/2021

During his campaign, President Biden promised to support organized labor, and he continues to act on that promise. In April 2021, President Biden issued an Executive Order creating a White House task force to develop...more

Is Payday The New Groundhog Day? What Bill Murray Can Teach Employers About New Pay Apps

Fisher Phillips on 3/2/2018

Most are familiar with Bill Murray’s classic comedy, “Groundhog Day,” in which egotistical weatherman Phil Connors repeatedly re-lives the date of February 2, 1993. At first, Connors relishes replicating the same events each...more

Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its Misapplication

Proskauer - Labor Relations Update on 12/2/2016

Last week, the U.S. Court of Appeals for the Second Circuit joined the Third, Fourth, Fifth, Sixth, Seventh, and Eighth Circuits in upholding the Board’s Specialty Healthcare standard for determining appropriate bargaining...more

The National Labor Relations Act › Collective Bargaining › Employees

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