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National Labor Relations Board Unions Employer Liability Issues

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 -
Davis Brown Law Firm

Yo Momma Smack Down - Where are we on that whole civility thing?

by Davis Brown Law Firm on

There are days when the workplace can feel a lot like a third-grade playground with kids running back and forth, bruised feelings, tearful meltdowns, and a real and apparent need for a nap and a snack. We also continually...more

Epstein Becker & Green

NLRB Solidifies Boeing and Provides Guidance on Employer Workplace Rules

by Epstein Becker & Green on

As discussed in previous blog posts and articles, the National Labor Relations Board (NLRB), in Boeing Co., overruled past precedent that had resulted in the invalidation of “commonsense [workplace] rules and requirements...more

Fisher Phillips

Web Exclusive - September 2019: The Top 11 Labor And Employment Law Stories

by Fisher Phillips on

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

Faegre Baker Daniels

NLRB Announces Change to Anticipatory Withdrawal Framework

by Faegre Baker Daniels on

On July 3, 2019, the National Labor Relations Board (NLRB) issued its decision on Johnson Controls, Inc., 368 NLRB No. 20 (2019) holding that if an employer receives notice that the union has lost majority support within 90...more

Epstein Becker & Green

NLRB Wraps Up a Busy Summer 2019 - Employment Law This Week® - Trending News

by Epstein Becker & Green on

A Trending News interview from Employment Law This Week®, featuring attorney RyAnn McKay Hooper: The Republican-majority National Labor Relations Board (NLRB) wrapped up a summer full of decisions that signal a shift in...more

Mitchell Silberberg & Knupp LLP

NLRB Adopts Employer-Friendly Standard Regarding What Constitutes A Unilateral Change In Violation Of The NLRA

Spoiler Alert – unless you regularly deal with collective bargaining agreements you may find this a tad wonky. The National Labor Relations Board (“NLRB” or the “Board”) recently fashioned a new, business-friendly standard...more

Ryley Carlock & Applewhite

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

by Ryley Carlock & Applewhite on

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

Snell & Wilmer

The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

by Snell & Wilmer on

It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of...more

Proskauer - Labor Relations

NLRB Tips Scales in Favor of Employers When Drawing Distinctions Between Claims of “Inability to Pay” Versus “Competitive...

by Proskauer - Labor Relations on

In recent weeks, the National Labor Relations Board has issued several employer-friendly decisions, and its September 13 decision in Arlington Metals Corp., 368 NLRB No. 74 (2019) was no exception. In Arlington Metals, the...more

Littler

NLRB Issues Reprieve for Unionized Employers Seeking to Make Unilateral Changes

by Littler on

Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands.  Many employers signatory to a collective...more

Littler

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

by Littler on

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

Bond Schoeneck & King PLLC

NLRB Adopts Employer-Friendly "Contract Coverage" Standard for Determining Whether Unilateral Changes Violate the NLRA

by Bond Schoeneck & King PLLC on

On September 10, 2019, the National Labor Relations Board issued a favorable decision that makes it easier for employers to demonstrate that a unilateral change in terms and conditions of employment was permitted by the...more

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

Beltway Buzz - September 2019 #2

They’re Baaaack. Congress is back in session this week, and my commute once again came to a grinding halt. With roughly three months of scheduled work in D.C. before the end of the year, members in both the U.S. House of...more

Dorsey & Whitney LLP

NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

by Dorsey & Whitney LLP on

A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees. As...more

FordHarrison

NLRB Changes Course on Unilateral Employer Action Standard

by FordHarrison on

In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term or condition of employment without violating the...more

Varnum LLP

NLRB Relaxes Standard for Employer Changes to Employees' Terms and Conditions of Employment

by Varnum LLP on

This week, the National Labor Relations Board (the Board) made it easier for employers to change the terms and conditions of their workers' employment without union permission....more

Sheppard Mullin Richter & Hampton LLP

More Good News From The Board: NLRB Scraps The Clear And Unmistakable Waiver Standard For The Contract Coverage Test When Deciding...

A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board’s decision in MV Transportation, 368 NLRB No. 66 (2019), and the Board’s decision provides critical cover to employers...more

Proskauer - Labor Relations

NLRB Dumps Longstanding “Clear and Unmistakable Waiver” Standard for More Employer-Friendly “Contract Coverage” Test

by Proskauer - Labor Relations on

As we near the end of the agency’s fiscal year on September 30, the NLRB is churning out many significant decisions. On September 10, the Board issued a sweeping decision concerning an issue that has divided the NLRB and D.C....more

Sheppard Mullin Richter & Hampton LLP

Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The NLRB Appears Ready To...

It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more

Benesch

NLRB Abandons Long-Standing Precedent Regarding Management’s Ability to Unilaterally Change Terms and Conditions of Employment

by Benesch on

The National Labor Relations Board (“NLRB”) continued its recent wave of significant decisions on September 10, 2019, when it adopted a new standard for analyzing whether an employer’s unilateral change to terms of employment...more

Seyfarth Shaw LLP

NLRB Adopts “Contract Coverage” Standard, Making it Easier for Employers to Make Unilateral Changes Under their Collective...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 10, in a 3-1 decision, the NLRB in MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), adopted the “contract coverage” standard in replacement for its previous “clear and unmistakable...more

Faegre Baker Daniels

Unionized Employers: ‘Contract Coverage’ Just Changed Everything

by Faegre Baker Daniels on

What Is Different Now - With a new decision called MV Transportation, Inc., the National Labor Relations Board (NLRB) has adopted a new standard for judging one of the most common and powerful types of allegations unions...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties...

Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more

Fisher Phillips

Labor Board Further Tightens Union Access To Employer Property

by Fisher Phillips on

Labor Board Further Tightens Union Access To Employer Property - In yet another ruling that levels the labor relations playing field, the National Labor Relations Board ruled on Friday that employers could rightfully...more

Sherman & Howard L.L.C.

NLRB Enhances Its View Of Property Rights

by Sherman & Howard L.L.C. on

The National Labor Relations Board (“NLRB” or “Board”) has settled a long-brewing controversy over what constitutes “discrimination” with respect to non-employee access to employer property. Twenty years ago, the Board held...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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