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Unions Contract Terms Corporate Counsel

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

Second Circuit Renders Important Decision on Vested Retiree Benefits

In a significant ruling on February 5, 2025, the U.S. Court of Appeals for the Second Circuit addressed the enforceability of an arbitration provision in an expired collective bargaining agreement (CBA) in the case of Xerox...more

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

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

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

FordHarrison

NLRB Rules Employers Cannot Unilaterally Cease Dues Checkoff After CBA Expiration

FordHarrison on

Executive Summary: On October 3, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reversed its previous ruling from 2019 and held that a union dues checkoff provision should be treated as part of...more

Amundsen Davis LLC

NLRB Makes ‘Unilateral’ Less Of A Dirty Word

Amundsen Davis LLC on

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

Ballard Spahr LLP

NLRB Continues Shift Toward Employer-Friendly Workplace Standards

Ballard Spahr LLP on

The National Labor Relations Board (NLRB) issued two 3-1 decisions this week, continuing a string of rulings favoring employers over unions or workers. Details on the decisions follow. ...more

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

NLRB Restores Order to the “Dynamic Status Quo”

On August 22, 2019, a three-member panel of the National Labor Relations Board (NLRB) ruled unanimously in favor of the Pittsburgh Post-Gazette, dismissing an unfair labor practice charge filed by seven unions that represent...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

Proskauer - Labor Relations Update

Independence Day Comes Early For Employees Seeking To Shed Union Representation

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

Polsinelli

Buyer Beware: Successor Employer Required by Court to Continue Retiree Health Benefits Under Language in Contract

Polsinelli on

Mergers and acquisitions can be complicated transactions, particularly when the entity to be acquired has employees covered by a collective bargaining agreement with a union. ...more

Proskauer - Labor Relations Update

Turns Out Attempting To Insert New Term Into Collective Bargaining Agreement Not Agreed To In Negotiations Violates The Law…Who...

As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions making it pretty much impossible to change the law which requires a...more

Foley & Lardner LLP

Goat Subcontracting (Yes, We Said “Goat Subcontracting”) Grievance Highlights Importance of Strategic Collective Bargaining

Foley & Lardner LLP on

If you work in a unionized workplace, surely the union at one point or another has “gotten your goat.” Well, the goats are now getting their revenge, and a union doesn’t like it. '...more

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