News & Analysis as of September 22, 2024

Employer Liability Issues

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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 -

Some Cannabis Employees Are Voting Out Their Union

Foley Hoag LLP - Cannabis and the Law on 7/16/2024

Some cannabis workers in recent months have grown weary of their unions and have voted the unions out – or, in labor terms, “decertified” them. This has happened in two different Cresco Labs facilities. The first occurred at...more

Top Five Labor Law Developments for May 2022

Jackson Lewis P.C. on 6/16/2022

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

NLRB Upholds Contract-Bar Doctrine in Current Form

Proskauer - Labor Relations Update on 4/23/2021

On April 21, 2021, the National Labor Relations Board (the “Board”) declined to eliminate or modify its long-standing contract-bar doctrine, which purports to provide stability in the relationship among the employer, a...more

NLRB Continues to Aid Workers in Ousting Unions

Proskauer - Labor Relations Update on 10/28/2019

The NLRB recently reiterated its position that the agency should not be so quick to dismiss petitions filed by employees seeking to decertify a union. The Board, in a 3-1 decision, held that if a petition for decertification...more

NLRB’s Busy Summer Results in Key Labor Changes

Brownstein Hyatt Farber Schreck on 8/6/2019

The National Labor Relations Board (“NLRB”) has been busy this summer—issuing two significant decisions, and one advice memorandum—that tilts the scales in favor of employers. The rulings of the NLRB will have serious...more

NLRB Holds that Employer Does Not Taint Decertification Effort by Promoting the Employee Responsible for the Petition

Littler on 7/2/2019

In a recent decision, AIM Aerospace Sumner, Inc., the National Labor Relations Board (Board) held that an employer could rely on a decertification petition to withdraw recognition from a union, even though the employer...more

NLRB Majority: Unqualified Notice to Picket Jobsite Where Neutrals Are Present Violates Act

Proskauer - Labor Relations Update on 1/14/2019

We recently saw interesting decisions from the NLRB including cases about the employer’s duty to provide information about tax cuts, the lawfulness of litigation holds, and the validity of decertification petitions. At the...more

Decertification Petition Was Improperly Dismissed, NLRB Rules

Proskauer - Labor Relations Update on 1/7/2019

Recently, we explored how the NLRB’s rules for determining the timeliness of a representation can be confusing. Another area of complexity comes from whether a decertification petition will be processed in the face of unfair...more

NLRB Majority Decides 50-50 Balls In Employer Favor

Proskauer - Labor Relations Update on 10/16/2018

The NLRB has been in a period of dormancy. When the make-up of the Board changed, a lot of people expected an onslaught of NLRB decisions reversing the reversals of precedent made by the agency in the last 8 years. Except...more

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National Labor Relations Board › Decertification › Employer Liability Issues

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