News & Analysis as of September 19, 2024

National Labor Relations Board › Disparate Treatment

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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 Restores Employer Property Rights

Holland & Knight LLP on 11/6/2019

In NLRB v. Babcock & Wilcox, Inc., decided in 1956, the U.S. Supreme Court provided two exceptions to the general rule that an employer cannot be compelled to open its property to union organizers. The first exception applies...more

NLRB rules employer can remove labor organizers from its parking lot

Bricker Graydon LLP on 10/31/2019

The National Labor Relations Board (NLRB) recently issued another decision benefitting employers by holding that an employer does not violate the National Labor Relations Act (NLRA) when it removes from the employer’s parking...more

The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties...

Sheppard Mullin Richter & Hampton LLP on 9/11/2019

Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more

NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises

Stoel Rives - World of Employment on 6/19/2019

The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union...more

Employers No Longer Have To Allow Union Representatives Use of Public Areas, NLRB Majority Rules

Proskauer - Labor Relations Update on 6/18/2019

Citing judicial criticism, as well as the original Supreme Court decisions on the issue, the NLRB swept away years of precedent permitting union representatives to access public areas of an employer’s premises. In UPMC...more

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

Sheppard Mullin Richter & Hampton LLP on 6/6/2019

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

GC Memo 18-02 May Signal A Shift Away From Finding Disparate Treatment Of Employees During Contract Negotiations To Be Unlawful...

Seyfarth Shaw LLP on 12/6/2017

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

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