News & Analysis as of

Strike Unions

Update: Just Born Strike

The Just Born strike is not resolved.... The lesson to be learned from the Just Born strike is that employers in the private sector ultimately control the final terms and conditions of employment for their unionized...more

2017 and the West Virginia Legislature - The Year of the Employer

The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act,...more

Don't Strike Out: What to Do if Your Employees Strike on May 1

by Faegre Baker Daniels on

With the news reporting a large labor strike of around 350,000 workers planned for May 1, employers should develop a response strategy now to limit liability and keep their businesses humming. The nature of this strike may...more

Will Employers Cry Mayday This May 1? What You Need To Know About Planned Protest Activities

by Fisher Phillips on

May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’...more

Will The NLRB’s Protection of Unacceptable Conduct Last?

by Akerman LLP - HR Defense on

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

Protests Move North of the Border? Canadian Employers Responses to a National General Strike

On February 17, 2017, activists opposing the new administration are planning a national general strike, including protests and work stoppages. In light of the growing support for the strike, U.S employers face questions...more

Innovative attempt to defeat Christmas strikes halted, for now

by Dentons on

The battle rages on to try to halt the train strikes which have affected so many people over the Christmas period and into the new year. The dispute outlined below between ASLEF and Govia GTR Railway Ltd (GTR), concerning...more

2016: A year of discontent?

by Dentons on

2016 has been a turbulent year and it seems to be going out with a bang, in what some have dubbed a “winter of discontent”. According to recent BBC analysis, in the first 10 months of the year 218,300 working days were lost...more

Does the NLRA Protect Racist Insults by Picketing Workers?

by Bass, Berry & Sims PLC on

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more

Strike Early, Strike Often: NLRB Urged to Expand Protections to Intermittent Strikers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Office of the General Counsel for the NLRB has asked the Board to adopt a sweeping new test that will significantly broaden the protections granted to employees who engage in frequent, short-term...more

New Jersey Senate Approves Legislation Extending Unemployment Benefits to Striking Workers

Under current New Jersey law, most individuals who are unemployed due to a stoppage of work are disqualified from unemployment benefits. While the New Jersey Supreme Court held that strikers are entitled to unemployment...more

[Event] "Americas Labor & Employment Law Conference: Managing a workforce across the Americas and beyond" - Dec. 8th-9th, Miami,...

by FordHarrison on

Attorneys from FordHarrison and Ius Laboris, the global Alliance of leading labor and employment law firms, will join in-house counsel to discuss the many challenges faced by multinational companies. The conference is aimed...more

NLRB Benchslap: Enabling Racism/Sexism

by Sherman & Howard L.L.C. on

One highly-respected federal appeals court judge recently called the NLRB out for its history of condoning strike behavior that is racist and sexist. In Consolidated Communications, Inc. v. NLRB, No. 14-1135 (D.C. Cir....more

NLRB Scrutinizes Employer Motivation in Hiring Replacement Workers During Strike

by Littler on

Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...more

Tilting the Battlefield: NLRB Makes It Easier For Unions To Challenge Use Of Permanent Replacements

by Hinshaw & Culbertson LLP on

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more

When and Where Can the "Line" Be Drawn? NLRB Considers When Off-Duty Employees May Picket a Hospital Employer

by Littler on

The National Labor Relations Board (the “Board”) recently addressed hospital employers’ ability to prohibit picketing by off-duty employees on their own premises. Although the Board concluded that a hospital employer may...more

NLRB Holds That Hiring Permanent Strike Replacements Can Constitute an Unfair Labor Practice

The National Labor Relations Board (“NLRB”) and the courts have long recognized an employer’s right to hire permanent replacements for economic strikers. Permanent replacements have traditionally been viewed as an employer’s...more

Labor Shocker: Strike Replacements Struck Down

by Fisher Phillips on

NLRB Rejects Permanent Replacement Workers In Groundbreaking Ruling - In an unprecedented 2-1 decision, the National Labor Relations Board recently held that a California continuing care facility violated the National...more

NLRB Reverses Precedent on Permanent Replacements for Striking Workers

by Ballard Spahr LLP on

The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more

Union Construction Unrest at Tesla Gigafactory

by Snell & Wilmer on

The Salt Lake Tribune reports that 350 union affiliated construction workers walked off the job at the Tesla Gigafactory construction site in Northern Nevada, with about 100 of them reportedly actively picketing the project....more

Will Your Workers Go On Strike On November 10? What You Need To Know

by Fisher Phillips on

Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible...more

Global Employment Lawyer Volume 2, Issue 1 - November/December 2015

by Dentons on

Look out, beware—its holiday party season! According to a survey by Challenger, Gray & Christmas Inc., about 88 percent of companies in the US had holiday parties last year. That percentage has been hovering around 90...more

Strike out? UK issues proposals to curb strikes

by Dentons on

Plans to modernise London's underground (known as the Tube) to offer a 24-hour weekend service on selected lines has resulted in London being held to ransom as Tube staff walked out in a series of strikes during August 2015....more

UAW Continues to Use Strike Threat as a Powerful Negotiating Tool

by Foley & Lardner LLP on

In an effort to keep the momentum in its favor, the UAW gave GM a strike deadline of Sunday, October 25, 2015, at 11:59 p.m., to reach a tentative agreement. The UAW’s strategy appears to have worked as the parties reached a...more

Canadian Employment News Series - October 2015

by DLA Piper on

When an employer carries on business during a strike or lockout, one of the difficult questions has been the status of employees who cross the picket line to work during the labour dispute. In a decision on July 22, 2015,...more

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