News & Analysis as of

Unions Waivers National Labor Relations Board

ArentFox Schiff

NLRB Limits Employer’s Ability to Make Unilateral Changes

ArentFox Schiff on

The National Labor Relations Board (NLRB) has reinstituted a union-friendly standard for determining whether an employer’s unilateral changes to the terms and conditions of employment violate the National Labor Relations Act...more

Jackson Lewis P.C.

Uphill Battle for Employer Unilateral Changes as NLRB Returns to “Clear and Unmistakable Waiver” Standard

Jackson Lewis P.C. on

The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more

Harris Beach Murtha PLLC

NLRB Limits Employers’ Ability to Unilaterally Change Workplace Terms

Harris Beach Murtha PLLC on

The National Labor Relations Board (“NLRB”) recently overturned a 2019 ruling that made it easier for employers to modify terms and conditions of the workplace without bargaining with the union. Going forward, employers need...more

Ballard Spahr LLP

On Eve of New Administration (and new Board Composition), NLRB Limits Employer’s Ability to Make Unilateral Changes

Ballard Spahr LLP on

On Tuesday, December 10, the National Labor Relations Board (NLRB) issued a decision that will make it more difficult for a unionized employer to make unilateral changes to working conditions. The decision, Endurance...more

Seyfarth Shaw LLP

Throwing Away the Contract In Favor of an Environment of Enduring Bargaining: Biden Board Expectedly Reinstates Waiver Analysis...

Seyfarth Shaw LLP on

As expected, on December 10, in Endurance Environmental Solutions LLC, 373 NLRB No. 141 (2024), the Democratic majority on the National Labor Relations Board (“NLRB” or “Board”) overruled MV Transportation, 368 NLRB No. 66...more

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

Employers Face New Challenges as NLRB Restores ‘Clear and Unmistakable’ Waiver Standard

On December 10, 2024, the National Labor Relations Board (NLRB) restored the “clear and unmistakable” waiver standard for evaluating whether an employer made unlawful unilateral changes without first giving the union notice...more

Holland & Knight LLP

Second Circuit Approves National Labor Relations Board Contract Coverage Test

Holland & Knight LLP on

In International Brotherhood of Electrical Workers, Local Union 43 v. National Labor Relations Board, the U.S. Court of Appeals for the Second Circuit became the first court to explicitly approve the National Labor Relations...more

Harris Beach Murtha PLLC

NLRB Adopts Employer-Friendly Standard for Evaluating Unilateral Changes

In a 3-1 ruling issued on September 10, 2019, the National Labor Relations Board (the “Board”) established a new standard for evaluating unilateral changes by unionized employers. In M.V. Transportation, Inc., the Board...more

Sheppard Mullin Richter & Hampton LLP

More Good News From The Board: NLRB Scraps The Clear And Unmistakable Waiver Standard For The Contract Coverage Test When Deciding...

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

Snell & Wilmer

Under Construction - December 2016

Snell & Wilmer on

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

Proskauer - Labor Relations Update

NLRB Majority, Management Rights Clause Must Be Specific To Enable Employer To Make Unilateral Changes

Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor contract have to be...more

Proskauer - Labor Relations

NLRB Rules That Union’s Offer To Waive Dues For Six Months To Make Up For Tiny Wage Increase Did Not Interfere With...

As of July 31, the NLRB has a full complement of Board Members, for the first time in about ten years. The fact the deal on appointments has been progressing for a few weeks did not prohibit the three member Board of...more

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