NLRB, Contract Terms, Collective Bargaining Agreements (CBA)

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

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

NLRB Rules Employers Cannot Unilaterally Cease Dues Checkoff After CBA Expiration

FordHarrison on 10/6/2022

Executive Summary: On October 3, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reversed its previous ruling from 2019 and held that a union dues checkoff provision should be treated as part of...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 Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

Sheppard Mullin Richter & Hampton LLP on 1/3/2020

The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

Proskauer - Labor Relations Update on 1/3/2020

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

NLRB Revives Prior Standard on Arbitral Deference

Ballard Spahr LLP on 12/27/2019

On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....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

What’s Old Is New Again - Dues Checkoff Requirements Expire With CBAs

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/18/2019

On December 16, 2019, in Valley Hospital Medical Center, Inc., Case 28-CA-213783, the National Labor Relations Board (NLRB) reversed Lincoln Lutheran of Racine, a controversial Obama Board decision that had overruled more...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 Adopts Employer-Friendly Standard for Evaluating Unilateral Changes

Harris Beach PLLC on 9/17/2019

In a 3-1 ruling issued on September 10, 2019, the National Labor Relations Board (the “Board”) established a new standard for evaluating unilateral changes by unionized employers. In M.V. Transportation, Inc., the Board...more

They've Got You Covered: NLRB Makes it Easier for Employers to Make Unilateral Changes

ArentFox Schiff on 9/13/2019

Continuing its trend of pro-employer rulings, the National Labor Relations Board (NLRB) ruled that instead of a “clear and unmistakable waiver” standard, a “contract coverage” standard should apply when considering whether...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

National Labor Relations Board › Contract Terms › Collective Bargaining Agreements (CBA)

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