NLRB, Hiring & Firing, Strike

The Practical NLRB Advisor: Winter 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

The Top 16 Workplace Law Stories from September 2022

Fisher Phillips on 10/5/2022

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

OFCCP Week In Review: September 2022 #3

DirectEmployers Association on 9/19/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

[Ongoing Program] Master Class 2022 Wrap-Up - May 3rd, 2:00 pm - 3:00 pm ET

BakerHostetler on 4/12/2022

Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

The Top 16 Workplace Law Stories from December 2021

Fisher Phillips on 1/5/2022

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

[Ongoing Program] Opening Plenary Session – The ‘New’ Normal: The State of Labor Relations and Employment Law - February 1st, 2:00...

BakerHostetler on 12/9/2021

Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

Lessons for Management from the John Deere Strike

Fox Rothschild LLP on 11/10/2021

The John Deere Co. Strike – Sign of the Times? In case you missed it, a major battle between labor and management is playing out in the heartland. On October 14, over 10,000 UAW-represented workers at John Deere Co....more

OFCCP Week In Review: July 2021 #4

DirectEmployers Association on 7/26/2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

Littler on 9/16/2019

In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

Repeated Strikes In Furtherance Of Common Goal Defeats Protected Status For Strikers

Husch Blackwell LLP on 8/26/2019

Key Points- Direct evidence of a plan to engage in repeated strikes to achieve a common goal establishes that such strikes are unprotected, intermittent strikes. Only in the absence of direct evidence will the Board...more

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

Proskauer - Labor Relations Update on 5/10/2018

The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more

Will The NLRB’s Protection of Unacceptable Conduct Last?

Akerman LLP - HR Defense on 3/14/2017

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

Clues and Cases from Alexander Acosta’s NLRB Tenure

Seyfarth Shaw LLP on 2/24/2017

Seyfarth Synopsis: A review and analysis of select NLRB cases decided by President Trump’s new appointee as Secretary of Labor and former NLRB Member Alexander Acosta. ...more

Does the NLRA Protect Racist Insults by Picketing Workers?

Bass, Berry & Sims PLC on 11/17/2016

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more

NLRB Scrutinizes Employer Motivation in Hiring Replacement Workers During Strike

Littler on 9/15/2016

Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...more

Tilting the Battlefield: NLRB Makes It Easier For Unions To Challenge Use Of Permanent Replacements

Hinshaw & Culbertson LLP on 9/7/2016

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more

Saying “You’re Fired” Could Bring Labor Pains

Fisher Phillips on 8/19/2016

An Ohio employer recently learned the hard way that employers need to be cautious when it comes to communicating with striking employees about permanent replacements. By mistakenly telling them that their employment had been...more

NLRB Restricts Employers' Right To Hire Permanent Replacements For Strikers

Laner Muchin, Ltd. on 7/18/2016

For decades, employers have lawfully used the threat of permanent replacements as a weapon against strikers. On May 31, 2016, however, in an unprecedented decision, the National Labor Relations Board (NLRB) ruled that an...more

NLRB Holds That Hiring Permanent Strike Replacements Can Constitute an Unfair Labor Practice

Kilpatrick on 6/13/2016

The National Labor Relations Board (“NLRB”) and the courts have long recognized an employer’s right to hire permanent replacements for economic strikers. Permanent replacements have traditionally been viewed as an employer’s...more

Labor Shocker: Strike Replacements Struck Down

Fisher Phillips on 6/8/2016

NLRB Rejects Permanent Replacement Workers In Groundbreaking Ruling - In an unprecedented 2-1 decision, the National Labor Relations Board recently held that a California continuing care facility violated the National...more

A Costly Lesson For Employers On Replacement Workers

Seyfarth Shaw LLP on 6/7/2016

Seyfarth Synopsis: Board panel found that long-term care facility acted for an “independent unlawful purpose” when it permanently replaced striking workers allegedly in order to teach the union and strikers a lesson and to...more

NLRB Reverses Precedent on Permanent Replacements for Striking Workers

Ballard Spahr LLP on 6/6/2016

The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more

NLRB to Unionized Employers - Hiring Permanent Strike Replacements is Not Always Lawful and Motive Now Matters

Ruder Ware on 6/2/2016

It is well settled that once a union exercises its weapon to engage in an economic strike, an employer is empowered to continue its business operations through hiring of permanent strike-replacement employees. Whether a...more

National Labor Relations Board › Hiring & Firing › Strike

Top Workplace Law Stories You May Have Missed from June 2023