News & Analysis as of September 23, 2024

Corporate Counsel

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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 Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

Littler on 9/12/2023

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more

Be Careful About Restricting Employee Communications with Media

Akerman LLP - HR Defense on 8/9/2021

Employers that bar staff from communicating with the media should take another look at those prohibitions, following a recent federal appellate decision finding such a policy unlawful under the National Labor Relations Act...more

NLRB General Counsel Makes it Easier to Attack Neutrality Agreements

ArentFox Schiff on 9/11/2020

A “neutrality agreement” is generally one in which an employer agrees neither to assist nor oppose a union organizing campaign. In practice, though, some agreements require the employer’s active support. Not only that, but...more

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule

Fisher Phillips on 2/26/2020

The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more

Labor Board Makes It Harder For Employees To Claim Their Complaints Are Protected

Fisher Phillips on 1/18/2019

In a 3-1 ruling that should be hailed by employers across the country, the National Labor Relations Board just made it harder for employees to successfully claim that their workplace gripes constitute protected concerted...more

Union Not Entitled to Information About How Employer Spends Money From Tax Cut, NLRB General Counsel Rules

Proskauer - Labor Relations Update on 12/11/2018

In prior posts, we have discussed how information requests made in the context of a bargaining relationship can be vexing. The standard of the employer’s obligation to provide information can be a moving target, depending on...more

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

Fisher Phillips on 11/3/2017

The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group...more

Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

Littler on 9/12/2016

In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam...more

NLRB Majority, Management Rights Clause Must Be Specific To Enable Employer To Make Unilateral Changes

Proskauer - Labor Relations Update on 7/11/2016

Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor contract have to be...more

Third Circuit Holds Companies in Bankruptcy Can Reject Expired CBAs

Cozen O'Connor on 2/9/2016

In a ruling that comes as a blow to organized labor and a boon to employers in bankruptcy, the U.S. Court of Appeals for the Third Circuit recently broke new appellate ground in holding that Section 1113 of the Bankruptcy...more

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2015

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

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