Last week, the Third Circuit reversed a National Labor Relations Board (“NLRB”) decision finding that FDRLST Media, publisher of online news magazine The Federalist, unlawfully threatened its employees when its Executive...more
5/31/2022
/ Collective Bargaining ,
Embedded Tweets ,
Employee Rights ,
Employer Liability Issues ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
For decades, employers had been free to gather employees to discuss – in a non-coercive manner – the employer’s views on unionization, and had been free to share with employees what employees’ rights were with respect to the...more
On March 30, 2022, three judge panel of the Third Circuit Court of Appeals unanimously overruled prior precedent allowing “implied” contracts to survive the expiration of a written agreement. The instant panel held, instead,...more
The ability to form smaller bargaining units by breaking up larger aspects of an employer’s organization—sometimes called “micro-units”—is generally seen as an effort to enhance the ability of unions to gain entry into an...more
Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...more
12/6/2021
/ Administrative Law Judge (ALJ) ,
Attorney-Client Privilege ,
Discovery ,
Discovery Disputes ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Google ,
Labor Relations ,
NLRA ,
NLRB ,
Retaliation ,
Subpoenas ,
Unions ,
Work-Product Doctrine
In a 6–3 decision, the U.S. Supreme Court held on June 23, 2021 that a California regulation granting labor organizers the “right to take access” to agricultural employers’ private property to solicit union support violated...more
On Wednesday, May 26, 2021, President Biden nominated Gwynne Wilcox to fill the last remaining vacancy on the National Labor Relations Board (“Board”). If confirmed by the Senate, Wilcox would be the second Democrat on the...more
In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more
5/10/2021
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Discipline ,
Duty to Bargain ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
As we recently foreshadowed, given the slim Democratic margins in the House and Senate, and a Democratic President, there is the potential for the most significant amendments to the National Labor Relations Act (“NLRA” or...more
When it comes to fellowship—and collective bargaining—it looks like “fellows” aren’t treated the same as their permanent status co-workers. In Phoenix News Times, LLC and The Newsguild–CWA, 370 NLRB No. 84 (Feb. 10, 2021),...more
In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it...more
12/28/2020
/ Administrative Law Judge (ALJ) ,
Anti-Harassment Policies ,
Employment Policies ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices ,
Union Leaflets ,
Union Organizers ,
Unions
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
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 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
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
On May 21, 2020, the NLRB issued a decision in Altura Communication Solutions, LLC. The case asked the Board to consider whether a series of broad proposals made by the employer during collective bargaining amounted to bad...more
5/28/2020
/ Bad Faith ,
Collective Bargaining Agreements (CBA) ,
Disability Benefits ,
Duty to Bargain ,
Employer Liability Issues ,
Grievance Process ,
Labor Relations ,
Management Rights Clauses ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
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
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 the field of labor relations, there exist some rare occurrences, things that happen so seldom that it seems as if they are impossible. As we’ve previously discussed, one such “unicorn sighting” is the NLRB overturning an...more
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