Whether an employer’s unilateral change to employee procedures violates the National Labor Relations Act (NLRA) is determined by whether the change “falls within the compass or scope of contract language that grants the...more
While being a defendant in a lawsuit is no fun, being a defendant in a class action lawsuit is especially painful. If you are in-house counsel in a service business, you may be particularly vulnerable to such actions and, no...more
As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board...more
The National Labor Relations Act (NLRA) requires employers with a unionized workforce to bargain in good faith with the union over mandatory subjects of bargaining (e.g., wages, hours, and other terms and conditions of...more
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
Private sector unionized employers will now have more certainty in making unilateral work rule and policy modifications as a result of the National Labor Relations Board’s (“Board”) decision in MV Transportation, Inc., 368...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
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
Continuing its trend of pro-employer rulings, the National Labor Relations Board (NLRB) ruled that instead of a “clear and unmistakable waiver” standard, a “contract coverage” standard should apply when considering whether...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
The National Labor Relations Board (NLRB) has made it easier for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations Act (NLRA)....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
Who wouldn’t want to be able to dictate the terms of a contract rather than having to negotiate them with someone whose interests are not completely aligned with your own? If you ever find yourself in such a position,...more
On January 10, 2016, the New York Court of Appeals decided to hear a case that has significant consequence in the field of partnership dissolution. The case, Congel v. Malfitano,[1] concerns the allegedly wrongful...more