NLRB, Collective Bargaining, Contract Terms

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/8/2023

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more

QB Lamar Jackson relies on – then defies – union authority

Constangy, Brooks, Smith & Prophete, LLP on 4/4/2023

Who can negotiate on his behalf? Baltimore Ravens quarterback Lamar Jackson is one of the most skilled and exciting players in the National Football League. In 2019, he threw for 36 touchdowns and ran for seven more on his...more

NLRB Rules Dues Checkoff Cannot Be Unilaterally Stopped Upon the Expiration of the CBA

Laner Muchin, Ltd. on 12/6/2022

The National Labor Relations Board (NLRB) recently issued a decision which held that employers who currently do not remit union dues because of the expiration of a collective bargaining agreement (CBA) may be found to be in...more

How Should Employers Bargain With Unions Over OSHA's Vaccinate-or-Test Mandate?

Parker Poe Adams & Bernstein LLP on 11/19/2021

Assuming it takes effect at some point, the Occupational Safety and Health Administration’s new COVID-19 emergency temporary standard (ETS) includes new legal mandates, as well as several options for affected employers. Chief...more

OSHA’s ETS and the NLRB’s Recent Guidance

Stokes Wagner on 11/18/2021

Based on recent guidance from the Office of the General Counsel of the National Labor Relations, covered employers with unionized workers must engage their employees’ unions when developing their vaccination and/or testing...more

NLRB Allows Employers to Stop Deducting Union Dues After Expiration of the Collective Bargaining Agreement

Littler on 12/24/2019

In Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center, 368 NLRB No. 139 (2019), the National Labor Relations Board reversed yet another decision issued during the prior administration, and returned to...more

Union Dues Deductions Not Required After Contract Expiration

Ballard Spahr LLP on 12/18/2019

Continuing its shift toward more employer-friendly workplace decisions, the National Labor Relations Board (Board or NLRB) in Valley Hospital Medical Center held that employers may cease deducting union dues from employees’...more

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by...

Epstein Becker & Green on 10/9/2019

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more

NLRB Makes ‘Unilateral’ Less Of A Dirty Word

Amundsen Davis LLC on 10/8/2019

The National Labor Relations Act (NLRA) requires employers with a unionized workforce to bargain in good faith with the union over mandatory subjects of bargaining (e.g., wages, hours, and other terms and conditions of...more

Labor Board Adopts Common Sense “Contract Coverage” Standard to Evaluate Lawfulness of Employer Unilateral Actions Under...

Clark Hill PLC on 9/25/2019

Private sector unionized employers will now have more certainty in making unilateral work rule and policy modifications as a result of the National Labor Relations Board’s (“Board”) decision in MV Transportation, Inc., 368...more

The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

Snell & Wilmer on 9/20/2019

It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of...more

NLRB Issues Reprieve for Unionized Employers Seeking to Make Unilateral Changes

Littler on 9/19/2019

Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands. Many employers signatory to a collective...more

The Practical NLRB Advisor - Summer 2019

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/18/2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

NLRB Changes Course on Unilateral Employer Action Standard

FordHarrison on 9/13/2019

In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the...more

NLRB Continues Shift Toward Employer-Friendly Workplace Standards

Ballard Spahr LLP on 9/13/2019

The National Labor Relations Board (NLRB) issued two 3-1 decisions this week, continuing a string of rulings favoring employers over unions or workers. Details on the decisions follow. ...more

Labor Board Adopts ‘Contract Coverage’ Standard In Unilateral Change Cases, Overturns Precedent

Jackson Lewis P.C. on 9/13/2019

The National Labor Relations Board (NLRB) has made it easier for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations Act (NLRA)....more

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

Sheppard Mullin Richter & Hampton LLP on 9/12/2019

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

NLRB Dumps Longstanding “Clear and Unmistakable Waiver” Standard for More Employer-Friendly “Contract Coverage” Test

Proskauer - Labor Relations Update on 9/12/2019

As we near the end of the agency’s fiscal year on September 30, the NLRB is churning out many significant decisions. On September 10, the Board issued a sweeping decision concerning an issue that has divided the NLRB and D.C....more

NLRB (Finally) Abandons “Clear and Unmistakable Waiver” Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/12/2019

Reversing among its most controversial lines of precedent, the National Labor Relations Board (NLRB) issued a decision on September 10, 2019, that significantly changes the legal standard to determine whether an employer with...more

NLRB Abandons Long-Standing Precedent Regarding Management’s Ability to Unilaterally Change Terms and Conditions of Employment

Benesch on 9/12/2019

The National Labor Relations Board (“NLRB”) continued its recent wave of significant decisions on September 10, 2019, when it adopted a new standard for analyzing whether an employer’s unilateral change to terms of employment...more

NLRB’s Proposed Rule Change Expands Employee Free Choice in the Construction Industry

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/15/2019

Under the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of...more

NLRB Streamlines Process For Employers To Withdraw Union Recognition

Fisher Phillips on 7/9/2019

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

Independence Day Comes Early For Employees Seeking To Shed Union Representation

Proskauer - Labor Relations Update on 7/8/2019

On the eve of Independence Day, the NLRB, in a 3-1 decision (Member McFerran dissented), clarified the law concerning withdrawal and enunciated a new framework for determining whether a union has retained majority support at...more

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

Sheppard Mullin Richter & Hampton LLP on 6/6/2019

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

Deputy Lawyer; WGA Tries Preemption Route in ATA Dispute

Sheppard Mullin Richter & Hampton LLP on 4/5/2019

The ongoing dispute between the Writers’ Guild of America (“WGA”) and the Association of Talent Agencies (“ATA”) took a new turn recently when the WGA announced that it would use the authority granted to it under the National...more

National Labor Relations Board › Collective Bargaining › Contract Terms

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