News & Analysis as of September 21, 2024

Contract Terms

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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 -

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Benesch on 4/1/2024

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/8/2023

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more

NLRB General Counsel Takes a Stand on Noncompetition Agreements: Employers Beware!

Laner Muchin, Ltd. on 6/1/2023

In a memo issued on May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has taken the position that the offer, maintenance, and enforcement of overly broad noncompetition agreements offered to...more

QB Lamar Jackson relies on – then defies – union authority

Constangy, Brooks, Smith & Prophete, LLP on 4/4/2023

Who can negotiate on his behalf? Baltimore Ravens quarterback Lamar Jackson is one of the most skilled and exciting players in the National Football League. In 2019, he threw for 36 touchdowns and ran for seven more on his...more

The NLRB Reverses Course on Severance Agreements: Here’s what Employers Need to Know

Kohrman Jackson & Krantz LLP on 3/3/2023

THE MCLAREN RULING - Just when employers thought the Federal Trade Commission (FTC) proposed rule banning non-competes in employment agreements was confounding, employers are now faced with a new paradigm...more

NLRB Rules Dues Checkoff Cannot Be Unilaterally Stopped Upon the Expiration of the CBA

Laner Muchin, Ltd. on 12/6/2022

The National Labor Relations Board (NLRB) recently issued a decision which held that employers who currently do not remit union dues because of the expiration of a collective bargaining agreement (CBA) may be found to be in...more

NLRB Rules Employers Cannot Unilaterally Cease Dues Checkoff After CBA Expiration

FordHarrison on 10/6/2022

Executive Summary: On October 3, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reversed its previous ruling from 2019 and held that a union dues checkoff provision should be treated as part of...more

How Should Employers Bargain With Unions Over OSHA's Vaccinate-or-Test Mandate?

Parker Poe Adams & Bernstein LLP on 11/19/2021

Assuming it takes effect at some point, the Occupational Safety and Health Administration’s new COVID-19 emergency temporary standard (ETS) includes new legal mandates, as well as several options for affected employers. Chief...more

OSHA’s ETS and the NLRB’s Recent Guidance

Stokes Wagner on 11/18/2021

Based on recent guidance from the Office of the General Counsel of the National Labor Relations, covered employers with unionized workers must engage their employees’ unions when developing their vaccination and/or testing...more

WHIPLASH! A Stunningly Fast Reversal Of Labor Policies

Fox Rothschild LLP on 2/26/2021

It was predictable – even inevitable – that the Biden administration would reverse much of Trump’s labor oeuvre. But no one could have predicted how quickly! In a little more than a month, the administration has:...more

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

Sheppard Mullin Richter & Hampton LLP on 1/3/2020

The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

Proskauer - Labor Relations Update on 1/3/2020

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

NLRB Revives Prior Standard on Arbitral Deference

Ballard Spahr LLP on 12/27/2019

On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

NLRB Allows Employers to Stop Deducting Union Dues After Expiration of the Collective Bargaining Agreement

Littler on 12/24/2019

In Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center, 368 NLRB No. 139 (2019), the National Labor Relations Board reversed yet another decision issued during the prior administration, and returned to...more

What’s Old Is New Again - Dues Checkoff Requirements Expire With CBAs

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/18/2019

On December 16, 2019, in Valley Hospital Medical Center, Inc., Case 28-CA-213783, the National Labor Relations Board (NLRB) reversed Lincoln Lutheran of Racine, a controversial Obama Board decision that had overruled more...more

Union Dues Deductions Not Required After Contract Expiration

Ballard Spahr LLP on 12/18/2019

Continuing its shift toward more employer-friendly workplace decisions, the National Labor Relations Board (Board or NLRB) in Valley Hospital Medical Center held that employers may cease deducting union dues from employees’...more

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by...

Epstein Becker & Green on 10/9/2019

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more

NLRB Makes ‘Unilateral’ Less Of A Dirty Word

Amundsen Davis LLC on 10/8/2019

The National Labor Relations Act (NLRA) requires employers with a unionized workforce to bargain in good faith with the union over mandatory subjects of bargaining (e.g., wages, hours, and other terms and conditions of...more

Legal Alert: Employer Win: National Labor Relations Board Adopts Contract Coverage Standard for Determining Whether an Employer...

Clark Hill PLC on 10/2/2019

On September 10, 2019, the National Labor Relations Board (the “Board”) adopted the “contract coverage” standard for determining whether a unionized employer’s unilateral change in a term or condition of employment is a...more

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National Labor Relations Board › Unions › Contract Terms

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

NLRB General Counsel Takes a Stand on Noncompetition Agreements: Employers Beware!

QB Lamar Jackson relies on – then defies – union authority

The NLRB Reverses Course on Severance Agreements: Here’s what Employers Need to Know

NLRB Rules Dues Checkoff Cannot Be Unilaterally Stopped Upon the Expiration of the CBA

NLRB Rules Employers Cannot Unilaterally Cease Dues Checkoff After CBA Expiration

How Should Employers Bargain With Unions Over OSHA's Vaccinate-or-Test Mandate?

OSHA’s ETS and the NLRB’s Recent Guidance

WHIPLASH! A Stunningly Fast Reversal Of Labor Policies

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

NLRB Revives Prior Standard on Arbitral Deference

NLRB Allows Employers to Stop Deducting Union Dues After Expiration of the Collective Bargaining Agreement

What’s Old Is New Again - Dues Checkoff Requirements Expire With CBAs

Union Dues Deductions Not Required After Contract Expiration

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by...

NLRB Makes ‘Unilateral’ Less Of A Dirty Word

Legal Alert: Employer Win: National Labor Relations Board Adopts Contract Coverage Standard for Determining Whether an Employer...

The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

NLRB Issues Reprieve for Unionized Employers Seeking to Make Unilateral Changes

The Practical NLRB Advisor - Summer 2019

NLRB Adopts Employer-Friendly Standard for Evaluating Unilateral Changes

NLRB Changes Course on Unilateral Employer Action Standard

NLRB Continues Shift Toward Employer-Friendly Workplace Standards

National Labor Relations Board › Unions › Contract Terms

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