News & Analysis as of

National Labor Relations Board Duty to Bargain Employer Liability Issues

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 -
Jackson Lewis P.C.

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

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In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

Robinson+Cole Health Law Diagnosis

Recent NLRB Decision Requires Union Access to Parts of Asset Purchase Agreement

In a recent decision, the National Labor Relations Board (NLRB) determined that a hospital violated its duty to bargain when it failed to provide the union representing some of its workers with certain documents related to...more

Fisher Phillips

Pay for Delay? NLRB’s Top Prosecutor Wants Monetary Relief in Refusal-To-Bargain Cases

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In another push to sharpen the National Labor Relations Board’s remedial teeth, NLRB General Counsel Jennifer Abruzzo recently asked the Board to impose harsher penalties on employers who refuse to bargain with unions. The...more

McDermott Will & Emery

[Webinar] 2022 Labor & Employment Legal Update - December 7th, 10:00 am - 11:30 am PST

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Following a whirlwind year, that included a transition to a new presidential administration and a constantly evolving legal landscape, employers are left with more questions than answers. During this in-depth discussion, we...more

Proskauer - Labor Relations Update

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

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

Sheppard Mullin Richter & Hampton LLP

GC Finds Merit in COVID-19 Related ULP Cases in GC Memo 20-14

On September 18, the Board’s GC issued GC Memo 20-14, entitled Summaries of Advice Merit Determinations Related to Coronavirus Disease 2019 Issues for the purpose of giving the public a better understanding of the GC’s...more

Robinson & Cole LLP

NLRB General Counsel: Pandemic Not a Reason to Bypass the National Labor Relations Act

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On September 18, 2020, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued a memorandum providing broad guidance reminding employers of their obligations under the National Labor Relations Act (Act),...more

Proskauer - Labor Relations Update

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

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

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - Labor Relations Update

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

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

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

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

Steptoe & Johnson PLLC

Labor Management Issues During the COVID-19 Crisis

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The COVID-19 crisis raises issues regarding nearly every aspect of the employment relationship. For employers with union-represented employees, the rights of employees and obligations of employers set forth in the National...more

Sheppard Mullin Richter & Hampton LLP

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

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

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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