News & Analysis as of

Unfair Labor Practices Good Faith

ArentFox Schiff

Double Secret Probation! NLRB Propounds Expansive List of Potential Remedies It May Impose on Employers for Interfering with...

ArentFox Schiff on

We’ve all been on notice for some time that the current General Counsel of the National Labor Relations Board (NLRB or Board), as well as a majority of the Board itself, has an aggressively expansive view of employee rights...more

Steptoe & Johnson PLLC

New Hurdle for Employers: Potential Revival of Joy Silk Card-Check Recognition

Steptoe & Johnson PLLC on

The National Labor Relations Board (NLRB or the Board) General Counsel Jennifer Abruzzo filed a brief in a pending case on Monday, April 11, 2022, requesting the revival of a 1949 doctrine that would allow unions the ability...more

FordHarrison

NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count

FordHarrison on

Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to...more

Miller Canfield

NLRB General Counsel Issues Guidance on Bargaining Obligations under OSHA ETS

Miller Canfield on

On November 10, 2021, the NLRB General Counsel issued a memorandum discussing the bargaining obligations imposed on covered employers under OSHA's Emergency Temporary Standard to Protect Workers from Coronavirus ("ETS")....more

Proskauer - Labor Relations Update

NLRB Upholds Employer’s Bargaining And Demotions Post-Impasse As Lawful

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

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

Fisher Phillips

NLRB Streamlines Process For Employers To Withdraw Union Recognition

Fisher Phillips on

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

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

A Bell Is Un-Rung: It’s “Never” too Late to Update the Handbook

Regularly updating your employee handbook is not just a good practice, but it is of particular importance given the recent scrutiny of handbook language by the Acting General Counsel (AGC) of the National Labor Relations...more

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