News & Analysis as of

Appeals Collective Bargaining National Labor Relations Board

Proskauer - Labor Relations Update

Red Rock and a Hard Place: NLRB Issues First Post-Cemex Bargaining Order

On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB...more

Foley & Lardner LLP

Texas Court Strikes Down NLRB’s Latest Joint Employer Rule

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As most employers are aware, last year the National Labor Relations Board (NLRB or “the Board”) published its final rule on joint employer status (the “Final Rule”). The Final Rule focuses on shared control, including...more

Holland & Knight LLP

Second Circuit Approves National Labor Relations Board Contract Coverage Test

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In International Brotherhood of Electrical Workers, Local Union 43 v. National Labor Relations Board, the U.S. Court of Appeals for the Second Circuit became the first court to explicitly approve the National Labor Relations...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Hinshaw & Culbertson LLP

Illinois Appellate Court Holds Union Appointed Lawyers Are Immune From Individual Malpractice Suits Filed By Members

Zander v. Carlson, 2019 IL App (1st) 181868, November 21, 2019 - Union-appointed lawyers are immune from malpractice lawsuits filed by formerly represented union members, an Illinois appeals court has affirmed. The First...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Business Fights NLRB to the Eighth Circuit

A recent Eighth Circuit Court of Appeals opinion should serve as a reminder to Arkansas businesses that the National Labor Relations Board (“NLRB”) (the federal governmental agency responsible for enforcing U.S. labor law in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor - Summer 2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

Proskauer - Labor Relations Update

NLRB Rules Employer’s Handbook Statement That Benefit Available To “Non-Union Employees” Violates Act

During the last decade, a number of NLRB decisions faulted employers for written policies that were considered to be overbroad in violation of the National Labor Relations Act. These rulings sprang largely from the NLRB’s...more

PilieroMazza PLLC

Weekly Update Newsletter - January 2019 #3

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GOVERNMENT CONTRACTING - According to Bloomberg Government, contract spending has grown by almost 6% per year over the past five years as federal agencies increasingly rely on government-wide contract vehicles and...more

Polsinelli

D.C. Circuit Wrestles with Board’s Controversial Browning-Ferris Decision

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On December 28, 2018, the U.S. D.C. Circuit Court of Appeals upheld the National Labor Relations Board’s (“NLRB” or “Board”) joint-employer test as articulated in Browning-Ferris Industries, 362 NLRB No. 186. ...more

Littler

D.C. Circuit Court of Appeals Partially Upholds Obama-Era Joint Employment Standard

Littler on

On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Orleans Charter School Operator Ordered to Bargain with Union

The Fifth Circuit Court of Appeals recently held that a New Orleans charter school was not a “political subdivision” exempt from the National Labor Relations Act (NLRA). The NLRA does not apply to States and their political...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Seyfarth Shaw LLP

Are Graduate-Students Assistants Employees Under The NLRA? The Answer Of The Obama Board Will Not Be The Final Word

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Seyfarth Synopsis: A 2016 decision of the National Labor Relations Board (“Board”) finding that the graduate students at Columbia University were employees under the National Labor Relations Act (“NLRA”) has been teed up for...more

Fisher Phillips

Proposed Joint Employment Law Clears Important Hurdle, Passes House

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By a vote of 242 to 181, the House of Representatives passed the “Save Local Business Act” today, a bill that would significantly narrow the definition of “joint employment” and limit employers’ wage and labor problems. HR...more

Fisher Phillips

Upcoming SCOTUS Term Promises To Be A Blockbuster

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If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

Benesch

D.C. Circuit Provides Additional Support For Specialty Healthcare, Union-Friendly Micro-Units

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The U.S. Court of Appeals for the D.C. Circuit has sided with the National Labor Relations Board in affirming the union-friendly practice of “micro-unit” organizing. The D.C. Circuit’s opinion issued in Rhino v. NLRB is...more

McDermott Will & Emery

THE LATEST: Ninth Circuit Affirms Dismissal of Antitrust Counterclaim against Labor Union Clarifying Scope of Noerr-Pennington...

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On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International...more

Proskauer - Labor Relations Update

Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its Misapplication

Last week, the U.S. Court of Appeals for the Second Circuit joined the Third, Fourth, Fifth, Sixth, Seventh, and Eighth Circuits in upholding the Board’s Specialty Healthcare standard for determining appropriate bargaining...more

McCarter & English, LLP

Federal Appeals Court Sanctions National Labor Relations Board in Ongoing Battle over Management Rights Provisions in Collective...

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Most collective bargaining agreements contain “management rights” provisions that many employers, unsurprisingly, believe grant them the right to manage their businesses without union interference. The National Labor...more

Franczek P.C.

Persistence Pays Off: Federal Appeals Court Rejects NLRB’s Bid for Enforcement of Employer Bargaining Order

Franczek P.C. on

Last week, in Ozark Auto. Distribs., Inc. v. NLRB, the D.C. Circuit rejected the National Labor Relations Board’s attempt to enforce a bargaining order against an employer who had refused to bargain with a newly certified...more

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