News & Analysis as of

Union Representatives Unfair Labor Practices

Fisher Phillips

Labor Board Sees Major Uptick in Activity During First Half of Fiscal Year: 3 Takeaways for Employers

Fisher Phillips on

The new union representation process installed by the National Labor Relations Board unsurprisingly led to an astronomical increase in election petitions filed in the first half of FY 2024. The Labor Board also saw a...more

Lathrop GPM

NLRB Clears Path for Union Representation Without an Employee Vote

Lathrop GPM on

For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General...more

Fisher Phillips

Labor Board’s General Counsel Imposes Additional Burdens on Employers Responding to Union Recognition Demands: 6 Takeaways for...

Fisher Phillips on

In the aftermath of a game-changing NLRB decision that drastically changed how employers can respond to union recognition demands, the Board’s General Counsel recently issued a guidance memorandum offering important insight...more

Robinson+Cole Construction Law Zone

Construction Employers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including construction employers, without a secret ballot election.  Initially, it is important to understand that this new...more

Burr & Forman

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Epstein Becker & Green

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Fisher Phillips

Labor Board Overhauls Representation Process to Boost Union Organizing: Your 8-Step Plan to Respond

Fisher Phillips on

The NLRB just drastically changed how employers can respond to union recognition demands by creating a new framework that will determine when employers are required to bargain with unions without a representation election....more

Ward and Smith, P.A.

Labor Unions and "Protected Concerted Activity:" What Private Employers – Unionized or NOT – Need to Know in 2022

Ward and Smith, P.A. on

Employers, it seems, can't catch a break these days. They build businesses. They take risks. They face increasing supply costs, supply-chain problems, interest rates, and staff-shortages...more

Littler

NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns

Littler on

On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more

Perkins Coie

NLRB GC Abruzzo Signals Significant Changes for Employers in Cemex Brief

Perkins Coie on

The general counsel for the National Labor Relations Board (the Board), Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, LLC, 28-CA-230115 et al.,...more

Fisher Phillips

Manufacturing Snapshot: Resurrection of Long-Extinct Doctrine Brings Threat of De Facto “Card-Check”

Fisher Phillips on

The Biden administration is deploying a number of initiatives in its ongoing efforts “to be the most pro-union administration in American history” – but the current effort to resurrect the decades-old Joy Silk doctrine, which...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Proskauer - Labor Relations Update

D.C. Circuit Court Rules NLRB’s Access to Property Test is Arbitrary

General Counsel of the National Labor Relations Board, Jennifer Abruzzo, is already on her way to accomplishing one of the objectives she laid out in her recent Advice-Memorandum 21-04. In the GC’s memo, she identified a...more

Hinshaw & Culbertson - Employment Law...

The Scabby Saga Continues

The battle over Scabby the Rat took another turn on July 21, 2021, when the National Labor Relations Board issued its anticipated decision and order in International Union of Operating Engineers, Local 150 and Lippert...more

Jackson Lewis P.C.

Labor Board Orders Business To Reopen; D.C. Circuit Says Not So Fast

Jackson Lewis P.C. on

The NLRB has the authority to order an employer to reopen a business it finds was closed for discriminatorily anti-union reasons. In RAV Truck & Trailer Repairs, Inc., 369 NLRB No. 36 (Mar. 3, 2020), the NLRB did just that....more

Ward and Smith, P.A.

Labor Union Plants a Big Flag in Western North Carolina

Ward and Smith, P.A. on

“Change is the only constant in life.” - Heraclitus (535 to 475 B.C.E.) - Registered nurses at HCA Healthcare's Mission Health system in Asheville have recently voted to be represented by the National Nurses Organizing...more

Proskauer - Labor Relations Update

NLRB Issues Several Advice Memoranda Providing Guidance on COVID-Related and Other Workplace Issues

On September 15, 2020, the National Labor Relations Board (the “NLRB” or “Board”) Division of Advice (“Advice”), published four Advice Memoranda addressing an array of issues ranging from COVID-19-related unilateral actions...more

Proskauer - Labor Relations Update

NLRB: Unions Also Obligated To Provide Timely Relevant and Necessary Information Requested by Employers

We have often reported about how an employer’s failure to adequately respond to an information request made by a union can lead to unfair labor practice charges and litigation. Sometimes a union makes an information request...more

Proskauer - Labor Relations Update

Union’s Failure to Provide Factual Reasons as to Why It Needed Certain Information Privileged Employer to Deny Request, NLRB Rules

In prior posts, we’ve discussed how information requests in the context of labor relations can be deceptively complex to comply with for employers. We’ve seen how an employer’s assertion of confidentiality, standing alone, is...more

Epstein Becker & Green

NLRB General Counsel Signals Major Shift on Neutrality Agreements - Employment Law This Week® - Trending News

Epstein Becker & Green on

A Trending News interview from Employment Law This Week®, featuring attorney Adam Abrahms of Epstein Becker Green: The General Counsel for the National Labor Relations Board (NLRB) has signaled what could be a major shift in...more

Sheppard Mullin Richter & Hampton LLP

Christmas Comes Early for Employers at the NLRB — New Election Procedures That Give Employers a Greater Opportunity to Mount Legal...

On the eve of the holidays, the National Labor Relations Board (NLRB) delivered an early Christmas present to employers with its issuance of new regulations governing the NLRB election process. While not scraping the Obama...more

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

Common Neutrality Agreement Provisions Between Union and Hotel May Violate the NLRA

On November 20, 2019, the National Labor Relations Board’s (NLRB) Office of the General Counsel granted an appeal filed by the National Right to Work Legal Defense Foundation (NRTWLDF) on behalf of a hotel housekeeper in...more

Epstein Becker & Green

NLRB’s General Counsel Signals Major Shift in Neutrality Agreement Between Employers and Unions Seeking to Organize Their...

Epstein Becker & Green on

The General Counsel for the National Labor Relations Board (“Board” or “NLRB”) has signaled what may be a major resetting of the law on the Board’s position concerning the legality of so called neutrality agreements, in which...more

FordHarrison

Don’t Let Your Business Get Whacked Like Jimmy Hoffa in The Irishman

FordHarrison on

After watching The Irishman on Netflix, I’m left with two overriding thoughts: One, my God, that’s a long movie (like, thank God it’s on Netflix so I can hit the pause button, get a snack, and try to regain the feeling in my...more

Proskauer - Labor Relations Update

No, Unions Do Not Have A Free Speech Right To Engage In Unlawful Secondary Boycott Activity, Federal Appeals Court Rules

On October 28, 2019, the Ninth Circuit, following in the footsteps of the D.C. Circuit and the Second Circuit, affirmed an order entered by the NLRB confirming that prohibitions on secondary boycotts under Section...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

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