Legal Alert | NLRB ALJ Finds Post Employment Non-Compete and Non-Solicit Provisions Unlawful
The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II
The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv
SCOTUS Limits Availability of Injunctions in NLRB Unfair Labor Practice Cases - Employment Law This Week®
The Labor Law Insider: What Just Happened, and What's Next? 2023 Labor Law Retrospective, Part II
The Burr Broadcast: NLRB's Stericycle Decision and Its Implications for Employer Handbooks
Labor Law Insider - Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part I
JONES DAY TALKS® - Charting the Course: Antitrust's Past, Present, and Future in Labor Markets
The Labor Law Insider - Decertification of Union Bargaining Unit: What’s Happening Today, Part II
Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today
#WorkforceWednesday: NLRB Unfair Labor Practice Charges Surge, NYC Prohibits Size Discrimination, FL Expands E-Verify Requirements - Employment Law This Week®
The Labor Law Insider: Joint Employer Standard Changes: Beware, Part I
The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices, Part III
The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices, Part II
The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices
The Labor Law Insider: Beware the Unfair Labor Practice - Not Just for Unions Anymore
#WorkforceWednesday: Employees’ Off-Duty Conduct, Violence at Work Rises, the Election and the Gig Economy - Employment Law This Week®
NLRB General Counsel Signals Major Shift on Neutrality Agreements - Employment Law This Week® - Trending News
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
The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy...more
Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more
The NLRB’s “contract coverage” standard for determining whether a collective bargaining agreement privileges an employer to unilaterally change terms and conditions of employment received support last week from a federal...more
The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to...more
An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor Relations Board (NLRB)....more
In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more
Provisions in an expired collective-bargaining agreement (CBA) do not cover post-expiration unilateral changes under the National Labor Relations Act (NLRA), unless the expired CBA contains language explicitly providing that...more
In its January 31, 2020 decision in Phillips 66, 369 NLRB No. 13 (January 31, 2020) the Board reversed a number of findings of unfair labor practices found by an Administrative Law Judge related to the employer’s conduct...more
Arbitration is a strongly favored federal policy and generally can be relied on to resolve even statutory discrimination claims. This is not a novel concept in federal jurisprudence from the Supreme Court of the United States...more
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
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
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
On August 9, 2019 the National Labor Relations Board (NLRB) announced that it would be proposing three amendments to its regulations which govern the filing and processing of representation petitions. The first amendment...more
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more
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
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
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
The National Labor Relations Board (NLRB) on Aug. 12, 2019, published proposed amendments to its rules and regulations in representation matters. Comments on the proposed amendments are due by Oct. 11, 2019, and reply...more
Under the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of...more
On July 3, 2019, the National Labor Relations Board (NLRB) modified the legal framework in which an employer can anticipatorily withdraw its recognition from the union. Under well-established NLRB precedent, an employer could...more
Seyfarth Synopsis: In a 3-1 decision, the National Labor Relations Board (“Board”) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), established a new standard for determining whether a union has reacquired majority...more
Last week, the National Labor Relations Board overruled portions of a 2001 decision and, as a practical matter, created a new procedure that an employer may follow when its employees indicate that they no longer wish for...more
The National Labor Relations Board just relaxed its test for determining the legality of an employer’s anticipatory withdrawal of union recognition prior to the expiration of the collective bargaining agreement. In the July 3...more
On the eve of Independence Day, the NLRB, in a 3-1 decision (Member McFerran dissented), clarified the law concerning withdrawal and enunciated a new framework for determining whether a union has retained majority support at...more