News & Analysis as of September 19, 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 -

Internal Employee Grievance Committees Can Violate Federal Labor Laws

Parker Poe Adams & Bernstein LLP on 1/19/2024

When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more

NLRB Tells Employers to Stay Cozy with Employees - Even After They Unionize

Miles & Stockbridge P.C. on 2/3/2023

Employers: Don’t throw out your open-door policy just because your employees are unionizing. That’s the message the National Labor Relations Board shared this week in cautioning companies against telling their employees...more

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

Proskauer - Labor Relations Update on 5/28/2020

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

NLRB Returns to Time-Honored Standard for Post-Arbitral Deferral

Littler on 1/9/2020

The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in...more

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on 5/29/2019

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Unions To Face Greater Scrutiny For Negligent Conduct To Their Members

Jackson Lewis P.C. on 10/19/2018

National Labor Relations Board’s field office staff have been directed to prosecute a broader array of cases against unions that engage in negligent behavior toward their members, according to an internal memorandum obtained...more

Grieve Now, Ask Later

Polsinelli on 9/25/2018

Employers subject to collective bargaining relationships often complain about the time they spend responding to objectively meritless grievances. ...more

NLRB Removes Blanket Exemption on Mandatory Disclosure for Witness Statements. What’s an Employer To Do?

Mintz - Employment, Labor & Benefits... on 7/28/2015

The NLRB recently reversed 37 years of precedent in deciding to adopt a new standard for a union’s access to witness statements taken in pre-grievance arbitration employer investigations. For years, under the blanket...more

NLRB ALJ Rules That An Interim Grievance Procedure Does Not Require An Arbitration Option

Bond Schoeneck & King PLLC on 6/18/2014

In a decision issued last week, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB”) ruled that an interim grievance procedure between an employer and a newly-certified union did not have to...more

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National Labor Relations Board › Grievance Process › Employer Liability Issues

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