News & Analysis as of September 22, 2024

Right to Strike

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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 -

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on 7/18/2023

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Illinois Governor Amends Labor Disputes Act

Littler on 6/27/2023

On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures...more

Examining Employer Best Practices For Reserved Gates

Proskauer Rose LLP on 1/27/2023

This article addresses the key legal issues and best practices regarding reserved gate systems, which are also sometimes referred to as dual gate or two-gate systems. Employers implement reserved gate systems when union...more

House Committee Attempts to Secure “PRO Act” Changes to Labor Law Through Reconciliation Process of Next Federal Budget

Proskauer - Labor Relations Update on 9/10/2021

As we have discussed in previous posts, the Protect the Right to Organize Act (“PRO Act”), which would drastically and fundamentally change the nature and scope of the National Labor Relations Act (“NLRA”) and...more

PRO Act: Congress Considers Fundamental Changes To Federal Labor Law

Fox Rothschild LLP on 4/21/2021

Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide. The Protecting the Right to...more

The PRO Act – A Wish List For Revival Of Unions

Husch Blackwell LLP on 4/2/2021

The Protecting the Right to Organize (PRO Act) (H.R. 842) is a sweeping effort to amend longstanding labor laws to facilitate union and employee organizing efforts. The union-friendly legislation would make the most...more

The Cons Of The PRO Act

Constangy, Brooks, Smith & Prophete, LLP on 3/16/2021

The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more

Top Five Labor Law Developments For February 2021

Jackson Lewis P.C. on 3/11/2021

1. On February 4, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. The sponsors described the bill as comprehensive labor legislation aimed at bolstering workers’ collective bargaining...more

New General Counsel For Labor Board May Change Fate Of ‘Scabby The Rat’

Jackson Lewis P.C. on 2/17/2021

National Labor Relations Board (NLRB) Acting General Counsel Peter Ohr has filed a motion with the board to stop processing a case on whether to change NLRB standard for determining the lawfulness of union displays of...more

Why Is ‘Scabby The Rat’ A Legal Dilemma?

Jackson Lewis P.C. on 12/29/2020

The National Labor Relations Board (NLRB) had invited briefs on bannering and displays of “Scabby the Rat,” the giant roadside inflatable rat (or other gruesome creature) used in many labor disputes. At issue is the...more

Back to Pro-Labor: What Employers Can Expect From a Biden Presidency: Part II, Labor Relations Edition

Akerman LLP - HR Defense on 11/11/2020

While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to...more

Political Strike Guidance for Employers: Preparing for ‘Strike for Black Lives’

Faegre Drinker Biddle & Reath LLP on 7/20/2020

On July 20, 2020, organizers and labor organizations across the country are planning a “Strike for Black Lives” — a national walkout of workers in support of “dismantling racism and white supremacy to bring about fundamental...more

Can Employees Refuse to Return to Work Because of COVID-19?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/28/2020

Parts of the country have begun the process of returning to work, in places where COVID-19 infection rates have flattened or shown a decline. But the risk of becoming infected with COVID-19 remains, and some employers may be...more

Dealing with Employee Protests and Strikes due to COVID-19 Concerns

Cozen O'Connor on 4/9/2020

The COVID-19 outbreak has rendered many workplaces dormant, but frontline workers in the grocery, delivery, and medical fields are feeling the effects of the massive influx in demand for their services caused by the pandemic....more

Labor Gets Wishlist Bill Passed In House

Fisher Phillips on 2/11/2020

The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more

NLRB Confirms that Intermittent Strikes in Furtherance of an Unchanging Goal are Unprotected

Burr & Forman on 8/12/2019

In Walmart Stores, Inc., 368 NLRB No. 24 (July 25, 2019), a majority of the National Labor Relations Board (“NLRB” or “Board”) reaffirmed that a union’s intermittent strike scheme is unprotected where the short duration...more

NLRB Limits Protections For Striking Workers In Consolidated Communications

Seyfarth Shaw LLP on 10/5/2018

Seyfarth Synopsis: Though the NLRA provides robust protections for striking employees, the Board’s decision in Consolidated Communications demonstrates some of the limits of those protections. On October 2, 2018, the NLRB...more

The Practical NLRB Advisor - Issue 5, Spring 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/16/2017

Mom’s Home Cookin’ prides itself on the strong relationship it has built with its employees over more than 25 years in business. The bustling restaurant has grown from a humble beginning, with just two employees, to a...more

2016/2017 Labor & Employment Observer

Cozen O'Connor on 1/12/2017

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

The Practical NLRB Advisor - Issue 4, Winter 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/11/2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

Can a Single Employee Go On Strike Against a Non-Union Company?

Pullman & Comley - Labor, Employment and... on 12/7/2016

The short answer is “yes.” The National Labor Relations Act extends the same protections to employees of non-unionized employers as it does to union members. One of those protections is the right to engage in a strike,...more

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

Littler on 10/25/2016

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

NLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/6/2016

On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement...more

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