News & Analysis as of

Unions Due Process

Bradley Arant Boult Cummings LLP

Try Again NLRB – 5th Circuit Remands Case Back After the Board’s Bait and Switch Move

What happens when the NLRB asks a federal court to remand a case back to the board based on a new case holding to interpret the matter before it, the court does so, and then the board pulls a “bait and switch” to flat out...more

Foley & Lardner LLP

Give Employees the Opportunity to Be Heard Before Imposing Discipline

Foley & Lardner LLP on

Sometimes employers believe they have all the evidence they need to discipline or terminate an employee, even without having talked to the employee and hearing the employee’s side. Why waste time talking to the employee when...more

Perkins Coie

NLRB Board Scales Back Rules for Fast-Tracking Union Representation Elections

Perkins Coie on

The National Labor Relations Board announced a number of changes to its representation election rules on December 13, 2019, many of which, to some degree or another, restored elements of the Board’s procedures prior to the...more

Fisher Phillips

Balance Restored: The NLRB Curtails “Quickie Election” Rule

Fisher Phillips on

At the end stages of lone Democrat Board Member McFerran’s term, the National Labor Relations Board (NLRB) Friday, December 13th, issued the first of what may be a number of rulings in the form of a procedural regulation...more

Ruder Ware

Right-to-Work Law Upheld

Ruder Ware on

Without much fanfare, the Seventh Circuit Court of Appeals has upheld the Wisconsin Right-to-Work Law. The Right-to-Work Law passed in Wisconsin is similar to a law passed in Indiana and holds that a company may not enter...more

Conn Maciel Carey LLP

Texas Judge Blocks DOL Persuader Rule with Nationwide Permanent Injunction

Conn Maciel Carey LLP on

On November 16, 2016, a Texas federal judge permanently blocked the U.S. Department of Labor (“DOL”) from enforcing its persuader rule in National Federation of Independent Business, et al. v. Thomas E. Perez, et al., Case...more

McNees Wallace & Nurick LLC

Judge Puts Brakes on Department of Labor’s “Persuader Rule”

The United States Department of Labor issued regulations earlier this year finalizing the “Persuader Rule.” Under the new Rule, employers and consultants (including lawyers) would be required to report labor relations advice...more

Littler

Texas District Court Issues Nationwide Injunction Blocking the Department of Labor’s Persuader Rule

Littler on

On June 27, 2016, the District Court for the Northern District of Texas issued a nationwide injunction enjoining the Department of Labor’s (DOL) Persuader Rule, 81 Fed. Reg. 15924.  In reaching this conclusion, the court...more

Seyfarth Shaw LLP

Two Additional Lawsuits Filed Challenging the DOL’s Final Persuader Rule

Seyfarth Shaw LLP on

In follow-up to our earlier blog post about the first lawsuit to challenge the U.S. Department of Labor’s Final Persuader Rule that was promulgated in late March, two additional lawsuits have been filed challenging the Final...more

JAMS

The Deflategate Drama: A Win for the Patriots Scores a Touchdown for Arbitration

JAMS on

The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over...more

McNees Wallace & Nurick LLC

Deflategate: Four Games and Four Lessons for Unionized Employers

This week would have marked the return of Tom Brady, had his four game suspension not been reversed by the United States District Court for the Southern District of New York. Much ink has been spilled over Brady’s suspension...more

Pullman & Comley - Labor, Employment and...

Be Aware of Public Employees Disciplinary Proceedings Protections: Loudermill, Wiengarten and Garrity

This post is primarily for public sector employers such as state agencies, municipalities and districts. By virtue of being employed by the government and quite likely represented by a labor union, public sector employees in...more

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

Sherman & Howard L.L.C.

NLRB Election Rule Under Fire

On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management...more

Levenfeld Pearlstein, LLC

U.S. Chamber and Business Groups File Suit to Block New NLRB Election Rule

This week, the U.S. Chamber of Commerce and several business trade groups announced that they jointly filed a complaint in federal court against the National Labor Relations Board (NLRB), seeking to strike the Board’s new...more

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