What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or...more
On November 10, 2021, the National Labor Relations Board’s (NLRB) General Counsel’s office released Memorandum OM 22-03 regarding bargaining obligations arising from the Occupational Safety and Health Administration’s (OSHA)...more
As government authorities look to implement business reopening measures, employers are now planning to move employees back into the workplace as state and local stay-at-home orders expire and other COVID-19 business...more
6/4/2020
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
NLRA ,
NLRB ,
Personal Protective Equipment ,
Policies and Procedures ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Workplace Safety
Beginning May 31, 2020, the time from petition to union election is slated to double, creating new opportunities for employers. As mentioned in our December 2019 article, the National Labor Relations Board (NLRB), via...more
The National Labor Relations Board (NLRB) likes to act in December, partly because that’s often when Board member terms end, and 2019 is no exception. Democrat Member Lauren McFerran’s term expired on December 16, leaving...more
The National Labor Relations Act (NLRA) provides that employees have a right to organize, bargain collectively and engage in protected concerted activities. The NLRA makes it an unfair labor practice for an employer “to...more
What Is Different Now -
With a new decision called MV Transportation, Inc., the National Labor Relations Board (NLRB) has adopted a new standard for judging one of the most common and powerful types of allegations unions...more
In a decision with particular importance for non-acute health care facilities but clear application for nearly any kind of employer, the NLRB changed its standard for evaluating which classifications of employees a union can...more
On March 21, 2017, the United States Supreme Court decided National Labor Relations Board v. SW General, Inc., No. 15-1251, holding that the Federal Vacancies Reform Act of 1998 (FVRA) prevents any person nominated for a...more
Undergraduate and graduate teaching assistants now have the right to organize and engage in collective bargaining, following the National Labor Relations Board’s (NLRB) Columbia University ruling on August 23, 2016. For most...more
On August 27, 2015, a divided (3-2) National Labor Relations Board (NLRB) changed the standard for joint employment under the National Labor Relations Act (NLRA) in its lengthy Browning-Ferris Industries of California, Inc....more
Court challenges of new state right-to-work (RTW) statutes have been uniformly unsuccessful — in Indiana, Michigan and so far in Wisconsin — but it now appears the National Labor Relations Board (NLRB) could attempt to step...more
Over the last several months, the National Labor Relations Board (NLRB) has issued a variety of controversial decisions related to its interpretation of what constitutes protected concerted activity under the National Labor...more
On December 19, 2014, the National Labor Relations Board's (NLRB) Office of General Counsel took another step forward in its effort to erase the line between franchisors and franchisees. In a controversial move, the Office of...more
On July 3, 2014, the National Labor Relations Board (NLRB) handed down a decision in the case of Consolidated Communications d/b/a Illinois Consolidated Telephone Co. and Local 702, Int'l Brotherhood of Electrical Workers,...more
The National Labor Relations Board (NLRB) recently held, in a 2-1 decision, that an employee who shouted profanities at his boss did not lose the protection of the National Labor Relations Act (NLRA) and required the employer...more