On October 23, 2020, the D.C. Circuit granted Davidson Hotel Company’s petition for review of unfair labor practices resulting from its refusal to bargain with two newly-certified bargaining units, and denied the NLRB’s...more
As employers faced with a representation petition filed during the COVID-19 pandemic can attest, Regional Directors of the National Labor Relations Board have been incredibly reticent to hold in-person elections. Indeed,...more
11/11/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Labor Regulations ,
Labor Relations ,
Mail-In Ballots ,
NLRA ,
NLRB ,
Social Distancing ,
Union Elections ,
Unions
An age old question under the National Labor Relations Act is what constitutes “picketing”? By the Supreme Court’s definition, picketing is inherently coercive and may not be directed against a neutral employer. An issue...more
10/30/2020
/ Administrative Law Judge (ALJ) ,
Coercion ,
First Amendment ,
Free Speech ,
Labor Disputes ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Right to Picket ,
Unions
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
9/23/2020
/ Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Health and Safety ,
Labor Relations ,
Management Rights Clauses ,
NLRA ,
NLRB ,
Separation Agreement ,
Unfair Labor Practices ,
Union Representatives ,
Unions
The National Labor Relations Board recently cancelled a union election at a Las Vegas casino that suspended its operations and laid off employees amid the COVID-19 pandemic. In NP Texas LLC d/b/a Texas Station Gambling Hall...more
On July 29, 2020, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) handed down what amounts to a significant win for the collectively-bargained dispute-resolution process set forth in the...more
In a package deal, the U.S. Senate confirmed the appointments of two members to the National Labor Relations Board (“Board” or “NLRB”). Lauren McFerran, who previously served as a member of the NLRB for five years until her...more
The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace.
On June 23, 2020, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the Board...more
6/25/2020
/ Administrative Law Judge (ALJ) ,
Collective Bargaining Agreements (CBA) ,
Discipline ,
Duty to Bargain ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more
6/10/2020
/ Administrative Law Judge (ALJ) ,
Bargaining Units ,
Burden-Shifting ,
Bylaws ,
Corporate Counsel ,
Disciplinary Proceedings ,
Employment Litigation ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Activity ,
Section 7 ,
Unions
On Sunday, we reported on an eleventh-hour district court order striking down large portions of the NLRB’s new representation election rules that were set to go into effect on May 31, 2020. The district court order held...more
In December 2019, the NLRB announced its Final Rule governing representation case procedures. The Final Rule applies to petitions filed on or after May 31, 2020. With the effective date fast approaching, NLRB Regions...more
As most of the country’s workforce continues to adjust to the new realities of social distancing, stay-at-home orders, and limited travel, the practice of law and the forums for adjudicating disputes have shifted to video and...more
As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice...more
4/9/2020
/ Collective Bargaining ,
Comment Period ,
Construction Industry ,
Employee Rights ,
Labor Law Violations ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Proposed Amendments ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Union Elections ,
Union Representatives ,
Unions
Mid-sized businesses (defined as 500 to 10,000 employees) impacted by the Coronavirus may be able to obtain relief loans under the COVID-19 stimulus law, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”),...more
On Thursday, February 6, 2020 the U.S. House of Representatives passed the Protecting the Right to Organize Act, also known as the “PRO Act”. The legislation passed mostly along party lines, would provide sweeping changes to...more
2/10/2020
/ Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Right to Work ,
Section 7 ,
Unfair Labor Practices ,
Unions
In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more
1/3/2020
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Arbitration Agreements ,
Babcock & Wilcox Construction ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disciplinary Proceedings ,
Employment Contract ,
Filing Grievances ,
Grievance Process ,
Hiring & Firing ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
UPS ,
Wrongful Termination
As anticipated, in one of the last decisions before the end of Member McFerran’s term, the NLRB issued another important opinion. Reverting back to precedent that preceded a 2015 decision, the Board, in Apogee Retail LLC...more
12/19/2019
/ #MeToo ,
Boeing ,
Confidential Information ,
Confidentiality Policies ,
Employee Handbooks ,
Employee Misconduct ,
Employer Liability Issues ,
Gag Rule ,
Labor Relations ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Section 7 ,
Sexual Harassment ,
Workplace Investigations
Mid-December is always a time where one can expect significant decisions to issue from the NLRB. In recent years, we saw the Board, among other decisions, abandon the much criticized “micro unit” standard and the equally...more
12/17/2019
/ Bethlehem Steel ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Negotiations ,
Dues Checkoff ,
Labor Relations ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Statutory Requirements ,
Union Dues ,
Union Security Clauses ,
Unions