News & Analysis as of September 19, 2024

Good Faith

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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 ‘Will Not Stop Short’ in Imposing Remedies for Failure to Bargain

Steptoe & Johnson PLLC on 4/28/2023

On April 20, 2023, the National Labor Relations Board (the Board) issued its decision in Noah’s Ark Processors, LLC (Noah’s Ark), holding that Noah’s Ark, a Nebraska meat processor, violated the National Labor Relations Act...more

NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count

FordHarrison on 4/19/2022

Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to...more

NLRB Upholds Employer’s Bargaining And Demotions Post-Impasse As Lawful

Proskauer - Labor Relations Update on 2/15/2020

In its January 31, 2020 decision in Phillips 66, 369 NLRB No. 13 (January 31, 2020) the Board reversed a number of findings of unfair labor practices found by an Administrative Law Judge related to the employer’s conduct...more

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

Fisher Phillips on 1/7/2020

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

More Good News From The Board: NLRB Scraps The Clear And Unmistakable Waiver Standard For The Contract Coverage Test When Deciding...

Sheppard Mullin Richter & Hampton LLP on 9/12/2019

A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board’s decision in MV Transportation, 368 NLRB No. 66 (2019), and the Board’s decision provides critical cover to employers...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

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

Cozen O'Connor on 12/4/2017

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

The Right to Withdraw Recognition is Under Attack

Proskauer - Labor Relations Update on 5/16/2016

For over 65 years, an employer has had a legal right to withdraw recognition from an incumbent union based on the union’s lack of majority status. In 1951, in Celanese, the NLRB permitted withdrawal based on the employer’s...more

NLRB Regional Director Finds that Employer Failed to Substantially Comply with New Requirement to Provide “Available” Personal...

Seyfarth Shaw LLP on 10/20/2015

After the NLRB’s expedited election rules went into effect last April, the extent to which an employer faced with a union representation petition must search for and provide voters’ personal email addresses and cell phone...more

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