News & Analysis as of September 21, 2024

Collective Bargaining

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

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

Miller Canfield on 5/13/2024

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

Local 11 Union Scores Ninth Circuit Win

Ervin Cohen & Jessup LLP on 3/5/2024

On February 22, 2024, a panel of judges for the United States Court of Appeals for the Ninth Circuit issued an unpublished opinion upholding enforcement of a National Labor Relations Board (“NLRB”) order holding that a...more

NLRB Hits Employer With Onerous Remedies

Clark Hill PLC on 6/15/2023

On June 8, in Columbus Electric Cooperative, Inc., 372 NLRB No. 89, the National Labor Relations Board (NLRB) issued a decision that hit an employer with a set of enhanced remedies. To begin, the NLRB held the employer...more

NLRB Floods Noah's Ark Decision with Additional Remedies for Egregious Violators

Venable LLP on 5/19/2023

On April 20, 2023, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Noah's Ark Processors, LLC d/b/a WR Reserve, 372 NLRB No. 80 (2023) in which it announced a non-exhaustive list of remedies...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

Aggressive vs. Bad Faith Bargaining: Where is the Line?

Littler on 6/1/2021

The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to...more

NLRB Finds Aggressive Bargaining Proposals Not Unlawful

Jackson Lewis P.C. on 5/17/2021

An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor Relations Board (NLRB)....more

NLRB Tips Scales in Favor of Employers When Drawing Distinctions Between Claims of “Inability to Pay” Versus “Competitive...

Proskauer - Labor Relations Update on 9/19/2019

In recent weeks, the National Labor Relations Board has issued several employer-friendly decisions, and its September 13 decision in Arlington Metals Corp., 368 NLRB No. 74 (2019) was no exception. In Arlington Metals, the...more

D.C. Circuit Affirms NLRB’s Order to Employer to Reimburse All of Union's Bargaining Expenses as Remedy for Unfair Labor Practices

Littler on 6/30/2016

In HTH Corporation v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the National Labor Relations Board’s attempt to expand the remedies under the National Labor Relations Act for unfair labor practices to...more

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National Labor Relations Board › Bad Faith › Collective Bargaining

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