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The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II [Audio]

Labor Law Insiders Trecia Moore, Megann McManus, and Terry Potter continue their discussion with Labor Law Insider host Tom Godar regarding remedies the National Labor Relations Board is trying to impose for unfair labor...more

NLRB May Soon Expand Jurisdiction Over Educational Institutions with Religious Affiliations

It is not often that the National Labor Relations Board (the “Board”) gives employers a heads-up before it makes broad, and often burdensome, changes, but a recently issued ALJ decision might be the exception to the rule....more

NLRB Mandates National Dress Code

On August 29, 2022, the NLRB issued its decision in Tesla, Inc., overruling precedent that allowed employers to enforce facially-neutral dress codes to prohibit wearing non-conforming attire, including union insignia and...more

The Labor Law Insider: NLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices, Part III [Audio]

Part III of the Labor Law Insider discussing new and harsher remedies by the National Labor Relations Board reviews the latest General Counsel memorandum highlighting the scope of these new remedies. In addition, Labor Law...more

The Labor Law Insider: Understanding the Risk of Strikes Faced by the Healthcare Industry [Audio]

Join our Labor Law Insiders: Husch Blackwell's Tom Godar, Terry Potter, Rufino Gaytán and Adam Doerr as they discuss the unique vulnerabilities faced by the healthcare industry at this juncture of history, including the...more

The Labor Law Insider: The Pandemic Economy - Do Recent Strikes Portend the Resurgence of Unions? [Audio]

In this episode, Husch Blackwell's Tom Godar, Terry Potter, Rufino Gaytán and Adam Doerr discuss and answer questions about the recent labor protests and strikes, and whether they'll signal an increase in the risk of labor...more

2/8/2022  /  Protests , Strike , Union Organizers , Unions

Labor Law Insider: Employer Guidance - Reducing the Risk of a Successful Union Campaign [Audio]

The Labor Law Insider continues the discussion in this podcast episode with Husch Blackwell's Tom Godar, Tom O’Day, Terry Potter and Rufino Gaytán on actions employers should take proactively to deter unions from garnering...more

The Labor Law Insider: The Unions Are Coming! The Unions Are Coming! [Audio]

The Labor Law Insider takes on the recharged union optimism and activity in this podcast episode. Moderator Tom Godar is joined by members of Husch Blackwell’s Labor Law team, Terry Potter, Tom O’Day, and Rufino Gaytán, to...more

NLRB Decision To Reconsider Johnnie’s Poultry Doctrine Remains Pending

Earlier this spring, in a 3-1 vote, the Board issued a notice and solicited briefs on whether to reconsider Johnnie’s Poultry doctrine (doctrine), which was established in the 1964 Board decision, Johnnie’s Poultry Co. The...more

Missouri Supreme Court Voids 2018 Missouri Public Reform Law

On June 1, 2021, in a 5-2 decision, the Missouri Supreme Court sitting en banc affirmed a circuit court decision that voided in its entirety HB 1413, which was enacted by the Missouri legislature in 2018 and sought to change...more

Funny You Should Ask: Is A Vaccine Mandate Subject Of Bargaining?

1. I have a unionized workforce. Do I need to bargain before mandating that my employees are Covid vaccinated before reporting to work? With the CDC largely ending mask requirements for those who are Covid vaccinated,...more

Ninth Circuit Construes Secondary Picketing In Context Of Shared Job Site

It’s become increasingly common for businesses to subcontract workers to perform jobs at a location that is shared with the business or other neutral third parties. When picketing at common job sites shared by the employees...more

The PRO Act – A Wish List For Revival Of Unions

The Protecting the Right to Organize (PRO Act) (H.R. 842) is a sweeping effort to amend longstanding labor laws to facilitate union and employee organizing efforts. The union-friendly legislation would make the most...more

The Nine Lives Of Scabby The Rat

The saga of Scabby the Rat continues with the transition of the Biden administration and the recent unceremonious ouster of now-former General Counsel Robb. The debate focuses on whether the presence of Scabby, the large...more

Missouri Supreme Court To Decide Constitutionality Of Public Labor Reform Law

On November 16, 2020, the Missouri Supreme Court heard oral arguments in the case of Missouri National Education Association, et al. v. Missouri Department of Labor and Industrial Relations, et al., Ferguson-Florissant School...more

Employers Can Terminate Health Insurance Benefits For Union Employees During A Strike

The UAW strike against GM represents the latest strike in a string of labor disputes between management and union workers. Continuation of health benefits during a strike is always a consideration in such situations. ...more

NLRB Expands Employers’ Right To Exclude Nonemployee Union Solicitations On Private Property

On September 6, 2019, the NLRB (Board) issued the decision, Kroger Limited Partnership I Mid-Atlantic and United Food and Commercial Workers Union 400 (Kroger decision), which overruled Sandusky Mall Co., and limited the...more

New Rulemaking At NLRB Focuses On Three Discretionary Bars To Representation Election Petitions

In a notice of proposed rulemaking and request for comments published on August 12, 2019, the NLRB exercised its discretionary rulemaking authority to propose changes to three discretionary election bar policies: - The...more

NLRB Poised To Exterminate The Cat And Rat, According To NLRB Advice Memo

On May 17, 2019, the Office of the General Counsel (GC) released an advice memorandum dated December 20, 2018 signaling the National Labor Relations Board’s (Board) intent to continue to overturn precedent. The advice memo...more

The NLRB Pumps The Brakes On Union’s Accretion Efforts

Unions commonly utilize clarification petitions to invoke accretion principles and try to bypass election procedures. However, the National Labor Relations Board’s recent decision in Recology Hay Road and Teamsters Local 315...more

Stealing Is Not Protected Activity

After years of stringent oversight, the National labor Relations Board (“NLRB”) is now loosening the reigns over workplace rules. The Office of the General Counsel of the NLRB recently issued an advice memo analyzing the...more

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