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Concerns Over Cemex Bargaining Orders

On August 25, 2023, the National Labor Relations Board (“NLRB”) decided Cemex Construction Materials Pacific, LLC, which lowered the threshold for the Board to issue a bargaining order rather than re-run an election when it...more

NLRB Revives 1940’s Precedent, Reducing Barriers to Representation

On August 25, 2023, the National Labor Relations Board (NLRB) carried on with its pro-labor march by reviving elements of nearly eighty-year-old precedent. With its decision, Cemex Construction Materials Pacific, LLC, the...more

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

NLRB’s General Counsel (Once Again) Limits Employment Agreements

In a recent memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers, the National Labor Relations Board’s (“NLRB”) General Counsel, Jennifer Abruzzo, sets forth her view that the proffer, maintenance,...more

NLRB Expands Remedies to Address Repeat Offenders

The National Labor Relations Board (the “Board”) has traditionally been limited in ways to remedy violations of federal labor law. Often, the Board is constrained to ordering “make-whole” relief like backpay and employee...more

Michigan Rolls Back its “Right-To-Work” Law; NLRB’s Top Lawyer Provides Post-McLaren Macomb Guidance

As of today, so-called “right-to-work” (“RTW”) laws are effective in 27 states. These laws ensure that no worker can be required, as a condition of employment, to join or not join, nor pay dues to, a labor union, as permitted...more

General Counsel Seeks to Overturn 74 Years of Board Law Allowing Employers to Hold Anti-Union Meetings

The chief lawyer for the National Labor Relations Board (the “Board”) wants to ban mandatory meetings called by employers during worktime to dissuade employees from joining unions, calling them an “unlawful threat” to...more

Biden's Nomination of Abruzzo as General Counsel Signals Pro-Union Moves Ahead

President Joe Biden has nominated Jennifer Abruzzo, a lawyer for the Communication Workers of America union, to be general counsel of the National Labor Relations Board (the “Board”) after forcing out Peter Robb as the head...more

Change is Coming: New NLRB General Counsel Issues Memorandum Rescinding Controversial Policies and Signaling Change

The National Labor Relations Board’s new General Counsel, Peter Robb, has made the most of his first month in office. Robb, who was nominated by President Trump to replace controversial predecessor Richard Griffin, was sworn...more

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