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Collective Bargaining Agreements (CBA) Collective Bargaining Employer Liability Issues

Husch Blackwell LLP

Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II

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In part two of this thought-provoking podcast episode on the tricky business of collective bargaining, Husch Blackwell attorneys Jon Anderson and Adam Doerr share war stories and real-life advice with host Tom Godar. Their...more

Husch Blackwell LLP

The Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part I

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Our Labor Law Insiders tackle the tricky business of collective bargaining in parts one and two of this Labor Law Insider. Host Tom Godar shares the microphone with Husch Blackwell attorneys Jon Anderson and Adam Doerr who...more

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

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more

Fox Rothschild LLP

In Latest Pro-Labor Rulings, NLRB Sharply Curtails Management’s Ability to Change Union Workers' Employment Terms

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In a pair of decisions issued on Aug. 30, 2023, the National Labor Relations Board (NLRB) established new, restrictive standards for evaluating when a unionized employer may avoid bargaining over changes to employees’ terms...more

Vedder Price

NLRB Continues to Rewrite the Rules to Limit Employers’ Authority

Vedder Price on

On Wednesday, August 30, 2023, the National Labor Board (“NLRB” or “the Board”) issued a pair of decisions—Wendt Corp., 372 NLRB No. 135, and Tecnocap LLC, 372 NLRB No. 136—that highlight the Board’s continued focus on...more

Littler

Connecticut Legislation Changes Overtime Rules for Nurses and Abrogates Collective Bargaining Rights of Private-Sector Hospitals

Littler on

Provisions included in a must-pass budget bill will make significant changes for Connecticut hospitals. These changes, which were embedded in the nearly 900-page Public Act 23-204 signed into law on June 12, 2023, revise...more

Hogan Lovells

Partage de la valeur : quelles mesures prévues par le projet de loi ?

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Notre équipe sociale revient sur les mesures phares prévues par le projet de loi transposant l’ANI relatif au partage de la valeur au sein de l’entreprise. Projet de loi portant transposition de l'accord national...more

Hogan Lovells

Value-sharing: which measures provided by the bill?

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Our employment team reviews the key measures provided by the bill in France transposing the national interprofessional collective bargaining agreement on value-sharing within a company....more

Seyfarth Shaw LLP

France: Changing Times Bring Important Changes for Employers that Apply the Syntec CBA

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The Syntec Federation, a national employer association in France for technology and consulting businesses, has signed four new collective agreements with the national trade unions. These agreements are in response to changing...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2022 Year In Review

2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers. The Biden National Labor Relations Board (NLRB) dug in and got to work, reversing precedent and charting a course to reinterpret...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Laner Muchin, Ltd.

NLRB Rules Dues Checkoff Cannot Be Unilaterally Stopped Upon the Expiration of the CBA

Laner Muchin, Ltd. on

The National Labor Relations Board (NLRB) recently issued a decision which held that employers who currently do not remit union dues because of the expiration of a collective bargaining agreement (CBA) may be found to be in...more

McNees Wallace & Nurick LLC

NLRB Holds Employers Must Continue Dues Checkoff After Expiration of Collective Bargaining Agreement

In Valley Hospital Medical Center, 371 NLRB No. 160 (Sept. 30, 2022) (Valley Hospital II), a divided National Labor Relations Board held that employers must continue to deduct union dues from employees’ pay and remit such...more

Foley Hoag LLP

National Labor Relations Board Holds Employers Must Continue To Deduct Union Dues After Expiration Of Collective Bargaining...

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With its decision in Valley Hospital Medical Center, the NLRB reversed its Trump-era precedent and held that dues checkoff provisions in collective bargaining agreements survive the expiration of the contract. Accordingly,...more

Akin Gump Strauss Hauer & Feld LLP

CBA Exception Applies to Agreements Retroactively Waiving PAGA Claims

The Private Attorneys General Act (PAGA) contains two industry-specific provisions (Cal. Lab. Code §§ 2699.6 & 2699.8) allowing labor organizations in the construction and janitorial industries to waive the right to bring...more

Hogan Lovells

Pay up - unilateral pay award an unlawful inducement related to collective bargaining

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In INEOS Infrastructure Grangemouth Ltd v Jones, the EAT in Scotland found that it was an unlawful inducement relating to collective bargaining for an employer to make a unilateral pay award to employees after pay...more

Orrick, Herrington & Sutcliffe LLP

Orrick’s 101 – Employment Law in Germany NEW: Agency Work

1. What is Agency Work? Agency work (ArbeitnehmerĂĽberlassung) is a highly regulated business area in Germany and occurs when an employer (Agency) provides a third party (Client) with an employee employed by him, the Agency...more

Hogan Lovells

Jumping the gun - direct offer to employees was unlawful inducement

Hogan Lovells on

The UK Supreme Court found in Kostal UK Ltd v Dunkley that it was an unlawful inducement for an employer to offer a pay deal to employees “over the head” of its recognised trade union. However, the position would have been...more

Proskauer - Labor Relations Update

Second Circuit Adopts “Contract Coverage” Standard as Governing Standard for Unilateral Changes

The NLRB’s “contract coverage” standard for determining whether a collective bargaining agreement privileges an employer to unilaterally change terms and conditions of employment received support last week from a federal...more

Littler

Aggressive vs. Bad Faith Bargaining: Where is the Line?

Littler on

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

Jackson Lewis P.C.

NLRB Finds Aggressive Bargaining Proposals Not Unlawful

Jackson Lewis P.C. on

An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor Relations Board (NLRB)....more

Proskauer - Labor Relations Update

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more

Ballard Spahr LLP

NLRB Keeps “Contract Bar”

Ballard Spahr LLP on

On April 21, 2021, the National Labor Relations Board (“Board” or “NLRB”) voted to keep in place its long standing rule limiting when workers can try to remove an existing union from the workplace or bring in another – the...more

Proskauer - Labor Relations Update

Recent Labor Victories for Adjunct Professors Signal Likely Uptick in Contingent Faculty Organizing

Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that adjunct, or contingent,...more

Proskauer - Labor Relations Update

Overruling District Court, Second Circuit Affirms Individual Employees Are Bound By Arbitration Award Prosecuted By Their Union

On July 29, 2020, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) handed down what amounts to a significant win for the collectively-bargained dispute-resolution process set forth in the...more

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