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National Labor Relations Board › Duty to Bargain › Collective Bargaining Agreements (CBA)

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... more +
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 -
Husch Blackwell LLP

Vaccine Mandates May Require Collective Bargaining

Husch Blackwell LLP on

On November 5, 2021, the U.S. Department of Labor, through the Occupational Safety and Health Administration (OSHA), issued an Emergency Temporary Standard to Protect Workers from Coronavirus (ETS). The ETS covers employers...more

Proskauer - Labor Relations Update

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

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In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin PLLC on

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Sheppard Mullin Richter & Hampton LLP

NLRB Releases More Employer-Friendly COVID Advice

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The National Labor Relations Board’s (“NLRB” or Board”) Division of Advice[1] recently released five memos dealing with issues related to the COVID-19 pandemic—concluding in all five that dismissal of the pending unfair labor...more

Proskauer - Labor Relations Update

NLRB Division of Advice Dishes Some Guidance With Respect to COVID-Related ULP Charges

Proskauer - Labor Relations Update on

The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of Advice (“Advice”), the...more

McNees Wallace & Nurick LLC

NLRB Restores Decades Old Case Law Related to Employee Discipline Prior to Negotiation of a First Contract

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The National Labor Relations Board has restored a prior standard, one that had stood for about 80 years before being overturned in 2016, which governs an employer’s duty to bargain over employee discipline during the time...more

Proskauer - Labor Relations Update

NLRB Restores Precedent, Gives Employers Freedom to Unilaterally Discipline Union Employees Between Certification and First...

Proskauer - Labor Relations Update on

The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace. On June 23, 2020, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the Board...more

Proskauer - Labor Relations Update

“Hard” Bargaining Proposals Placed Into Final Offer Evidence Bad Faith Bargaining, NLRB Concludes

Proskauer - Labor Relations Update on

On May 21, 2020, the NLRB issued a decision in Altura Communication Solutions, LLC. The case asked the Board to consider whether a series of broad proposals made by the employer during collective bargaining amounted to bad...more

Fisher Phillips

NLRB General Counsel Offers Welcome Guidance On Duty To Bargain During The Unprecedented COVID-19 Era

Fisher Phillips on

In a welcome relief to employers, National Labor Relations Board General Counsel Peter Robb has issued guidance on the duty to bargain in emergency situations. As addressed in our COVID-19 Guidance And FAQs For Unionized...more

Epstein Becker & Green

NLRB Issues Guidance on the Duty to Bargain During a Pandemic and Other Emergency Situations

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The COVID-19 pandemic and its sharp impact on the U.S. economy has presented a unique set of issues for employers with union-represented employees, including not only those employers that are parties to collective bargaining...more

Steptoe & Johnson PLLC

UPDATE - Labor Management Issues During the COVID-19 Crisis

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On March 25, the Senate passed a bill over 800 pages in length that provides approximately two trillion dollars in stimulus money. In large part, the bill has been described as an essential aid to businesses in distress...more

Sheppard Mullin Richter & Hampton LLP

It’s Perfectly Clear Once Again— NLRB Limits “Perfectly Clear” Successor Exception

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The circumstances under which an asset buyer has a duty to bargain with an incumbent union may be changing. In NLRB v. Burns Security Services, Inc., 406 U.S. 272 (1972), the Supreme Court held that an employer who purchases...more

Proskauer - Labor Relations Update

Employer Did Not Violate Duty To Bargain Over Change To Christmas Gift Policy, NLRB Rules

Proskauer - Labor Relations Update on

What would the holiday season be without a Christmas gift case?  A perennial problem for labor relations personnel is whether the yearly Christmas turkey given to employees is something that an employer must bargain over...more

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