News & Analysis as of September 22, 2024

Contract Terms

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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 -

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on 5/3/2024

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

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

Q&A Regarding the NLRB’s Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

BakerHostetler on 3/30/2023

We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance...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

NLRB Invalidates Mandatory Arbitration Agreement That Contains No Exceptions For Filing Administrative Charges

Seyfarth Shaw LLP on 10/17/2019

Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges....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

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

NLRB Restores Order to the “Dynamic Status Quo”

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/11/2019

On August 22, 2019, a three-member panel of the National Labor Relations Board (NLRB) ruled unanimously in favor of the Pittsburgh Post-Gazette, dismissing an unfair labor practice charge filed by seven unions that represent...more

Employers Beware: It's Once Again Time to Review Your Arbitration Agreements

Foley & Lardner LLP on 9/10/2019

We have been discussing arbitration agreements in the National Labor Relations Board (NLRB) context lately, particularly with respect to class action waivers. But employers may not be aware that earlier this summer, the NLRB...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

Turns Out Attempting To Insert New Term Into Collective Bargaining Agreement Not Agreed To In Negotiations Violates The Law…Who...

Proskauer - Labor Relations Update on 2/12/2018

As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions making it pretty much impossible to change the law which requires a...more

Blurred Lines: Under New “Perfectly Clear” Standard, NLRB Finds that Seller’s Conduct Prohibits Asset Purchaser from Setting...

Seyfarth Shaw LLP on 8/11/2016

Seyfarth Synopsis: In yet another pro-union, results-driven decision, the NLRB announces a new approach to evaluating whether an asset purchaser has forfeited its right to set initial terms and conditions when offering...more

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