In National Labor Relations Board v. Metro Man IV, LLC, Case No. 07-CA-264407 (6th Cir. Aug. 29, 2024), the U.S. Court of Appeals for the Sixth Circuit partly upheld and partly reversed a National Labor Relations Board...more
10/10/2024
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hazard Pay ,
NLRB ,
Public Health Emergency ,
Unions ,
Wage and Hour
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
7/25/2024
/ Corporate Counsel ,
Disciplinary Proceedings ,
Employee Misconduct ,
Employer Liability Issues ,
General Motors ,
Labor Law Violations ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices
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
On April 20, 2023, a three-member panel of the National Labor Relations Board (Board) ruled 2-1 in Noah’s Ark Processors LLC, 372 NLRB No. 80 (2023), that a combination of remedies imposed for unfair labor practices by an...more
4/26/2023
/ Administrative Law Judge (ALJ) ,
Bad Faith ,
Collective Bargaining ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unfair Labor Practices ,
Unions
The National Labor Relations Board (NLRB or “the Board”) recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or...more
3/27/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Guidance Update ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
During the past few years, employers have seen efforts to restrict the use of confidentiality and nondisparagement provisions in severance agreements at both the state and federal levels. The National Labor Relations Board...more
2/28/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements
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
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
11/11/2022
/ Blocking Power ,
Collective Bargaining ,
Comment Period ,
Employee Rights ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
NPRM ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Union Elections ,
Unions
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
7/15/2022
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Infectious Diseases ,
Labor Relations ,
Layoffs ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Union Representatives ,
Unions ,
Workplace Safety ,
Wright Line Test
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
7/11/2022
/ Administrative Hearings ,
Administrative Merits Determinations ,
Collective Bargaining ,
Federal Labor Laws ,
Labor Relations ,
NLRA ,
NLRB ,
Petition for Review ,
Regulatory Authority ,
Successors ,
Unfair Labor Practices ,
Unions
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
4/12/2022
/ Collective Bargaining ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Physicians ,
Union Elections ,
Unions
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
On June 9, 2021, the National Labor Relations Board held that a party’s solicitation of one or more mail ballots constitutes objectionable election conduct that may warrant setting aside an election. Professional...more
The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to...more
6/1/2021
/ Administrative Law Judge (ALJ) ,
Bad Faith ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Dissenting Opinions ,
Employer Liability Issues ,
Hospitals ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions
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
In the past several days, the National Labor Relations Board (NLRB) has taken several steps to adjust its operations in the face of the COVID-19 pandemic sweeping the nation....more
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
12/24/2019
/ Bethlehem Steel ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Negotiations ,
Contract Terms ,
Dues Checkoff ,
Employee Contributions ,
Labor Relations ,
NLRA ,
NLRB ,
Statutory Requirements ,
Union Dues ,
Unions
In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more
9/16/2019
/ Administrative Law Judge (ALJ) ,
AFL-CIO ,
Appeals ,
Contract Negotiations ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Internal Investigations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Remand ,
Section 7 ,
Strike ,
Unions ,
Wrongful Termination