NLRB, Collective Bargaining, Employment Litigation

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

Foster Swift Collins & Smith on 8/7/2024

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Littler Lightbulb: June Appellate Roundup

Littler on 7/10/2024

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

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

Judge Issues First Post-Cemex Bargaining Order Despite Employer Winning Union Election

Sheppard Mullin Richter & Hampton LLP on 10/23/2023

As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more

Pair of Board Decisions Significantly Limit Employers’ Power to Act Unilaterally and Past Practice Defense

Sheppard Mullin Richter & Hampton LLP on 9/14/2023

On August 30, 2023, the National Labor Relations Board (the “Board”) released a pair of decisions: Wendt Corporation, 372 NLRB No. 135 (2023) and Tecnocap, LLC, 372NLRB No. 136 (2023), overruling different aspects of the 2017...more

The NLRB’s CEMEX Decision Provides Unions a Path to Becoming Employees’ Exclusive Representative Without a Guaranteed Election

Butler Snow LLP on 9/5/2023

On August 25, 2023, the National Labor Relations Board (“NLRB”) reversed decades of established law with the release of its decision in Cemex Construction Materials Pacific LLC (“Cemex”), NLRB Case No. 28-CA-230115. Cemex...more

NLRB General Counsel Issues Memo Updating Prosecutorial Priorities

Sheppard Mullin Richter & Hampton LLP on 5/4/2023

On March 20, 2022, National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo issued a memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers updating the cases they are...more

NLRB ‘Will Not Stop Short’ in Imposing Remedies for Failure to Bargain

Steptoe & Johnson PLLC on 4/28/2023

On April 20, 2023, the National Labor Relations Board (the Board) issued its decision in Noah’s Ark Processors, LLC (Noah’s Ark), holding that Noah’s Ark, a Nebraska meat processor, violated the National Labor Relations Act...more

Remedies for NLRA Violations Now Include Consequential Damages: Important Takeaways for Employers

PilieroMazza PLLC on 1/6/2023

Last year, the National Labor Relations Board (NLRB), the agency tasked with enforcing employee rights to organize and discuss terms of employment, issued a number of decisions that impacted U.S. labor law. One decision...more

NLRB Awards Bargaining Expenses to Union

Snell & Wilmer on 8/16/2022

By Gerard Morales In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that...more

NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns

Littler on 7/15/2022

On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on 10/6/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

CDF Labor Law LLP on 9/7/2021

CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 1/6/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Total (Security) Recall: Labor Board Returns To Historical Precedent And Allows Discipline Of Newly Organized Union Members

Fisher Phillips on 6/29/2020

The National Labor Relations Board restored its longstanding precedent involving an employer’s duty to bargain over discipline in a newly certified bargaining unit, ruling that employers have no obligation to negotiate with...more

Labor Gets Wishlist Bill Passed In House

Fisher Phillips on 2/11/2020

The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more

[Event] Master Class - Labor Relations and Employment: The Only Constant Is Change - February 27th, San Francisco, CA

BakerHostetler on 12/10/2019

Please join us for BakerHostetler's “Labor Relations and Employment: The Only Constant Is Change” Master Class. This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline...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

Arkansas Business Fights NLRB to the Eighth Circuit

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/2/2019

A recent Eighth Circuit Court of Appeals opinion should serve as a reminder to Arkansas businesses that the National Labor Relations Board (“NLRB”) (the federal governmental agency responsible for enforcing U.S. labor law in...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

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 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 Adopts “Contract Coverage” Standard, Making it Easier for Employers to Make Unilateral Changes Under their Collective...

Seyfarth Shaw LLP on 9/12/2019

Seyfarth Synopsis: On September 10, in a 3-1 decision, the NLRB in MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), adopted the “contract coverage” standard in replacement for its previous “clear and unmistakable...more

Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law

Sheppard Mullin Richter & Hampton LLP on 7/3/2019

UberX and UberBLACK Drivers Are Not Employees for Purposes of the NLRA - According to the NLRB General Counsel’s Division of Advice (GC), Uber’s UberX and UberBLACK drivers are independent contractors exempt from the...more

Web Exclusive: May 2019: The Top 17 Labor And Employment Law Stories

Fisher Phillips on 6/19/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

National Labor Relations Board › Collective Bargaining › Employment Litigation

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