News & Analysis as of

Unfair Labor Practices Union Organizers

Benesch

Third Circuit Court of Appeals Issues Opinion in Starbucks, Limiting National Labor Relations Board’s Remedial Power

Benesch on

On Friday, December 27, 2024, the Third Circuit Court of Appeals handed Starbucks a victory by vacating an order issued by the National Labor Relations Board (“Board”) on the grounds that the Board exceeded its authority...more

Balch & Bingham LLP

NLRB Outlaws “Captive Audience” Union Campaign Meetings

Balch & Bingham LLP on

On November 13, 2024, the National Labor Relations Board ruled that Amazon.com Services committed an unfair labor practice by requiring employees to attend a work time meeting to hear Amazon’s views on union representation....more

Conn Maciel Carey LLP

NLRB Delivers Another Sucker Punch to Employers by Outlawing Mandatory Captive Audience Meeting

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Going against decades of precedent, the National Labor Relations Board (“the Board”), in Amazon.com, 373 NLRB No. 136 (2024), held that employers violate federal labor law when they require employee attendance at meetings...more

Hinshaw & Culbertson - Employment Law...

Taking a Deeper Look at the Implications of the NLRB Declaring Captive-Audience Meetings Unlawful

On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision in Amazon.com Services LLC, holding that "captive-audience meetings" are unlawful under the National Labor Relations Act (NLRA). This decision...more

Parker Poe Adams & Bernstein LLP

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more

Jackson Lewis P.C.

NLRB Overrules Standard on Employer Predictions for How Unionizing Impacts Employer-Employee Relationship

Jackson Lewis P.C. on

The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more

Epstein Becker & Green

#WorkforceWednesday®: What a Trump Win Means for Unions - Employment Law This Week®

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This week, we're analyzing how the upcoming Trump administration may affect National Labor Relations Board (NLRB) policies and enforcement priorities promoting union activity, recent court decisions on union protections, and...more

Benesch

NLRB Decision Makes it Considerably Riskier to Make Honest Statements About the Impact of Unionization

Benesch on

On November 8, 2024, the National Labor Relations Board (the “Board”) handed down its decision in Siren Retail Corp. d/b/a Starbucks, 373 NLRB 135, turning 40-year-old precedent regarding what employers can and cannot...more

Akerman LLP - HR Defense

Will Section 10(j) Injunction Petitions By the NLRB Melt Away or Just Cool Down Since SCOTUS Served Starbucks a Win This Summer?

The National Labor Relations Board (NLRB or Board) has been using a caffeinated approach to challenge employers in unfair labor practice disputes, with Section 10(j) injunction petitions at the top of the menu, often...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Morgan, Brown & Joy, LLP

The U.S. Supreme Court Clarifies the Legal Standard for the NLRB Seeking Preliminary Injunctions Against Employers

On June 13, 2024, the U.S. Supreme Court issued Starbucks v. McKinney,1 which clarifies the legal standard governing temporary injunctions sought by the National Labor Relations Board (NLRB or Board) against employers alleged...more

Saul Ewing LLP

The Supreme Court Adopts a Uniform Standard for Section 10(j) Injunctions

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In a win for employers facing unfair labor practice charges, the Supreme Court’s holding in Starbucks v. McKinney makes it more difficult for the National Labor Relations Board (NLRB) to obtain Section 10(j) injunctions....more

Fox Rothschild LLP

Oversalted: NLRB Judge Facilitates Union Organizing, Throws Out Noncompete/Nonsolicit Agreements

Fox Rothschild LLP on

A National Labor Relations Board Administrative Law Judge recently found that a company violated the National Labor Relations Act (NLRA) by terminating a “union salt”— an organizer unions place at a workplace to unionize its...more

Gould + Ratner LLP

Should the Standard for Obtaining Preliminary Injunctions Under the NLRA Be Easier? The U.S. Supreme Court Weighs In...

Gould + Ratner LLP on

In a 9-0 decision, the U.S. Supreme Court recently sided with Starbucks Corp. over the National Labor Relations Board (NLRB) in a decision that would severely delay the process for the NLRB to obtain preliminary injunctions...more

Kohrman Jackson & Krantz LLP

Supreme Court Sides with Starbucks in Long-Awaited Union Battle: Implications for Employers and Employees

In an eight-to-one decision this month, the Supreme Court ruled in favor of Starbucks in Starbucks Corp. v. McKinney, involving a longstanding legal battle against the National Labor Relations Board (NLRB). The NLRB was...more

Genova Burns LLC

SCOTUS Requires NLRB to Meet Traditional Standards for Preliminary Injunctive Relief

Genova Burns LLC on

On June 13 the U.S. Supreme Court heightened the standard a court must apply to an NLRB request for a preliminary injunction against an employer accused of violating federal labor law....more

BakerHostetler

A ‘Grande’ Decision for Employers: The Supreme Court Raises the Bar on Section 10(j) Injunctions

BakerHostetler on

Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more

McNees Wallace & Nurick LLC

Supreme Court Imposes Tighter Standard for NLRB to Obtain Injunctive Relief

The Supreme Court of the United States recently unanimously ruled against the National Labor Relations Board (“NLRB”) in Starbucks Corp. v. McKinney. The decision reversed the NLRB’s attempt to change the standard for...more

ArentFox Schiff

In Win for Employers, Supreme Court Adopts Stricter Test for NLRB Injunctions

ArentFox Schiff on

The US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, ruled that federal district courts must apply a traditional four-factor test when evaluating requests for injunctive relief brought by the National...more

Hinshaw & Culbertson - Employment Law...

U.S. Supreme Court Rejects Relaxed Standard for Injunctive Relief Under Section 10(j) of the National Labor Relations Act

On June 13, 2024, the U.S. Supreme Court, in Starbucks Corp. v. McKinney (National Labor Relations Board), No. 23-367, rejected the arguments of the National Labor Relations Board (the “Board”) to relax the standard that a...more

Cozen O'Connor

NLRB 10(j) Injunctions Must Meet the Traditional Injunction Test

Cozen O'Connor on

In an 8-1 decision involving Starbucks, the Supreme Court last week held that district courts must apply the traditional four-factor test for preliminary injunctions to injunctions sought by the National Labor Relations Board...more

Perkins Coie

Supreme Court Rejects More Lenient Test for NLRB Injunctions

Perkins Coie on

On June 13, 2024, the Supreme Court of the United States made it harder for the National Labor Relations Board (NLRB) to win injunctive relief against employers accused of unfair labor practices. The Court held in Starbucks...more

Tucker Arensberg, P.C.

Does U.S. Supreme Court Decision in Favor of Starbucks Signal Greater Restriction on the Powers of the National Labor Relations...

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Starbucks Corp. v. McKinney, Regional Director of Region 15 of the National Labor Relations Board, decided on June 13, 2024, arose out of the discharge of several Starbucks employees who formed a union organizing committee...more

Clark Hill PLC

Supreme Court Issues Employer-Friendly Decision Regarding the Standard to Apply to Requests for Section 10(j) Injunctive Relief...

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On June 13, the United States Supreme Court issued its long-awaited ruling in Starbucks Corp. v. McKinney. In Starbucks, the Supreme Court clarified that the traditional four-factor test courts apply to requests for...more

Cranfill Sumner LLP

NLRB No Longer Enjoys Preferential Preliminary Injunction Treatment

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On June 13, 2024, the United States Supreme Court held in Starbucks Corp. v. McKinney, No. 23-367, that the National Labor Relations Board (NLRB) must satisfy the Winter test to secure a preliminary injunction. The Winter...more

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