News & Analysis as of May 12, 2025

Waivers

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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 -

NLRB Limits Employers’ Ability to Unilaterally Change Workplace Terms

Harris Beach Murtha PLLC on 12/16/2024

The National Labor Relations Board (“NLRB”) recently overturned a 2019 ruling that made it easier for employers to modify terms and conditions of the workplace without bargaining with the union. Going forward, employers need...more

Employers Face New Challenges as NLRB Restores ‘Clear and Unmistakable’ Waiver Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/11/2024

On December 10, 2024, the National Labor Relations Board (NLRB) restored the “clear and unmistakable” waiver standard for evaluating whether an employer made unlawful unilateral changes without first giving the union notice...more

NLRB Decision Limits Use of Non-Disparagement and Confidentiality Provisions

Harris Beach Murtha PLLC on 3/16/2023

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision that returns to previous precedent, holding that employers may not offer employees severance agreements that require employees to...more

NLRB Adopts Employer-Friendly Standard for Evaluating Unilateral Changes

Harris Beach Murtha 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

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

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