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National Labor Relations Board › Supreme Court of the United States › Preemption

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 -
Miles & Stockbridge P.C.

Supreme Court: Companies Can Sue Unions for Property Damage Caused During a Strike

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The Supreme Court came down hard on unions last month when it held that a company may bring state law tort claims against a union for property damage caused during a strike. The Court held that the federal law governing labor...more

Epstein Becker & Green

Supreme Court Recognizes Employer Right to Damages From Unions When Certain Types of Strike Activity Results in Economic Harm –...

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Management-side attorneys and the businesses that they represent will be pleased with the Supreme Court’s holding in Glacier Northwest, Inc. v. International Brotherhood of Teamsters....more

McNees Wallace & Nurick LLC

The Supreme Court Sides with Employers on the Right to Sue Unions

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On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood of Teamsters Loc. Union No. 174,...more

Benesch

Supreme Court Rules that Union May Be Liable for Damage Caused by Strike

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In a strikeout for organized labor, the United States Supreme Court recently held that an employer may pursue a lawsuit based on damage caused to its property by a strike. Glacier Northwest, Inc., a company which...more

Morgan Lewis

US Supreme Court Says Egregious Strike Misconduct Subject to Employer State Court Damages Action

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In a recent 8-1 decision, the US Supreme Court held that the National Labor Relations Act (NLRA or the Act) does not preempt state claims against unions for intentional property damage during a strike. The decision reaffirms...more

Parker Poe Adams & Bernstein LLP

SCOTUS Opens the Door to Increased Union Liability for Strike Damages

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On June 1, 2023, the U.S. Supreme Court delivered an 8-1 opinion that limits the protections available to unions for damages caused during a strike. In Glacier Northwest v. International Brotherhood of Teamsters, Local Union...more

Miller Canfield

U.S. Supreme Court: Strike Does Not Protect Union from Lawsuit for Damage to Company Property

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Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more

Seyfarth Shaw LLP

The Supreme Court Pours Some Concrete on the Right to Strike

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On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Winter 2023

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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

Fisher Phillips

SCOTUS Predictions: Will the Supreme Court Make it Easier to Hold Unions Liable for Strike Misconduct?

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The Supreme Court recently heard arguments in a case that could make it easier for employers to sue and recover damages from labor unions that damage an employer’s property during a strike. The issue before SCOTUS in Glacier...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2022

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Nomination News. With control of the U.S. Senate in 2023 up for grabs, the Biden administration continues its push to fill agency leadership positions. Late last week, the Senate confirmed attorney Lisa Gomez to run the U.S....more

Holland & Knight LLP

Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

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The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S....more

Lewitt Hackman

FRANCHISEE 101: Class Not in Session

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In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

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Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

Esquire Deposition Solutions, LLC

Employment Agreements that Prevent Class Action Litigation Deemed Legal

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An extremely close 5-4 ruling in the U.S. Supreme Court confirmed that employment agreements that state employees must give up their rights to pursue class action claims are legal. The issue reached the Supreme Court from the...more

Jaburg Wilk

Epic Win for Employers on Individual Arbitration Agreements

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The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court...more

Jackson Walker

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

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May a company ask its employees to enter into agreements to arbitrate disputes and that also waive an employee’s ability to bring a class or collective action on behalf of other present or former employees? On May 21, 2018,...more

Dechert LLP

Supreme Court Upholds Employers’ Use of Class Action Waivers in Arbitration Agreements

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A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more

McAfee & Taft

US Supreme Court upholds arbitration agreements with class action waivers

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On Monday, Justice Gorsuch for the United States Supreme Court issued an opinion in Epic Systems Corp v. Lewis, together with two companion cases, upholding the use of class and collective action waivers in arbitration...more

Proskauer - Law and the Workplace

SCOTUS:  Employers Can Compel Individual Arbitration of Wage and Hour Claims

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In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor...more

Foley & Lardner LLP

Waiting for Gorsuch: SCOTUS Kicks Important Class-Action Waiver Case to Next Term

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Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the...more

Fox Rothschild LLP

Supreme Court Justices (presumably 9 of them) Will Again Address Class Action Waivers in Arbitration Clauses

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Last Friday, the US Supreme Court agreed to hear cases from the 9th, 7th, and 5th Circuits in which the courts are split on the issue whether class action waivers in employee arbitration agreements violate Section 7 of the...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

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This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Parker Poe Adams & Bernstein LLP

Supreme Court Upholds Class Action Arbitration Waivers

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Employers seeking to avoid costly and often hostile juries have increasingly relied upon mandatory arbitration agreements with employees. Under these provisions, the parties agree to submit any disputes involving the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Business Cases in the US Supreme Court"

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The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

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