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Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

D.C. Circuit: NLRB Must Weigh Contract-Based Defenses and Enforce Lawful CBA Provisions

The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

Connecticut Legislation Changes Overtime Rules for Nurses and Abrogates Collective Bargaining Rights of Private-Sector Hospitals

Provisions included in a must-pass budget bill will make significant changes for Connecticut hospitals. These changes, which were embedded in the nearly 900-page Public Act 23-204 signed into law on June 12, 2023, revise...more

With American Steel, Micro-Units Are Again a Likely Possibility

After a year of consideration including amicus briefs on the matter, the National Labor Relations Board (Board) revived another Obama-era precedent in a decision issued December 14, 2022.  In American Steel, 372 NLRB No. 23,...more

Potential Rescission of NLRB’s 2020 Election Protection Rule

On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns

On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more

NLRB Reaffirms Regional Directors’ Discretion to Dismiss Election Petitions Absent a Hearing

On June 15, 2022, in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109, the National Labor Relations Board reaffirmed that regional directors have authority to dismiss representation and decertification petitions if the...more

Following the Doctor’s Orders: NLRB Decision Prescribes Union Election for Physicians

In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in...more

Employer Entitled to Hearing Over Challenge to Signature on Mail Ballot

On June 25, 2021, the National Labor Relations Board (Board) decided in College Bound Dorchester, Inc. and Service Employees International Union Local 888, Case No. 01-RC-261667 (2021), that an employer’s challenge to a...more

NLRB Specifies Recommended Protocols for Manual Elections During COVID-19

After months of permitting almost exclusively mail ballot elections due to concerns surrounding the spread of COVID-19, the National Labor Relations Board released “suggested” protocols on July 6, 2020 for holding manual...more

NLRB Allows Employers to Stop Deducting Union Dues After Expiration of the Collective Bargaining Agreement

In Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center, 368 NLRB No. 139 (2019), the National Labor Relations Board reversed yet another decision issued during the prior administration, and returned to...more

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