News & Analysis as of

Collective Bargaining Agreements (CBA) Unions

Akin Gump Strauss Hauer & Feld LLP

Limiting Lame-Duck Collective Bargaining Agreements That Improperly Attempt to Constrain the New President (Trump EO Tracker)

Summary - Makes it the policy of the executive branch that collective bargaining agreements (CBAs) reached in the 30 days prior to the inauguration of an incoming president shall not be approved. Instructs agency heads to...more

Vorys, Sater, Seymour and Pease LLP

President Trump Re-Appoints Marvin E. Kaplan as Chairman of the NLRB

President Donald Trump has re-appointed Marvin Kaplan to the position of Chairman of the National Labor Relations Board (NLRB). The move follows the custom of elevating a member of the president’s party to Chair the Board...more

Husch Blackwell LLP

Strike Averted: Longshoremen, USMX Reach Tentative Agreement on All Terms

Husch Blackwell LLP on

The International Longshoremen’s Association (ILA) and the United States Maritime Alliance (USMX) announced a tentative agreement on a new six-year contract. Both parties described the deal as a “win-win,” addressing the...more

Holland & Knight LLP

Issues to Watch: Potential Impacts of the Trump Administration on Marine Terminal Operators

Holland & Knight LLP on

As we move into 2025 and the Trump Administration prepares to take control of the government, marine terminal operators are anxiously and optimistically awaiting resolution of the labor disputes between terminal operator...more

Morgan Lewis

NLRB Returns to “Clear and Unmistakable Waiver” Test for Assessing Employer Unilateral Changes

Morgan Lewis on

In Endurance Environmental Solutions, the National Labor Relations Board returned to the “clear and unmistakable waiver” standard for determining whether an employer may make changes to terms and conditions of employment...more

Vedder Price

NLRB Weakens Ability of Employers to Rely on Management Rights Clauses in Collective Bargaining Agreements . . . For Now

Vedder Price on

On December 10, 2024, the National Labor Relations Board (NLRB or “the Board”) took advantage of its Democratic majority in the waning days of the Biden administration to issue its decision in Endurance Environmental...more

BakerHostetler

A Labor Christmas Carol: A Cautionary Tale of Excluding Unionized Employees from Holiday Perks

BakerHostetler on

Employers should be wary of the Ghost of Christmas Yet to Come (and/or the National Labor Relations Board (NLRB)) before excluding unionized workers from holiday parties and similar perks given to nonunionized employees....more

ArentFox Schiff

NLRB Limits Employer’s Ability to Make Unilateral Changes

ArentFox Schiff on

The National Labor Relations Board (NLRB) has reinstituted a union-friendly standard for determining whether an employer’s unilateral changes to the terms and conditions of employment violate the National Labor Relations Act...more

Harris Beach Murtha PLLC

NLRB Limits Employers’ Ability to Unilaterally Change Workplace Terms

Harris Beach Murtha PLLC on

The National Labor Relations Board (“NLRB”) recently overturned a 2019 ruling that made it easier for employers to modify terms and conditions of the workplace without bargaining with the union. Going forward, employers need...more

Parker Poe Adams & Bernstein LLP

NLRB Requires Clear Waiver of Rights in CBA to Avoid Bargaining Obligation

When a union and employer negotiate the terms of a collective bargaining agreement (CBA), it is virtually impossible for the parties to predict and account for every issue that may affect the working relationship between them...more

Foley & Lardner LLP

Stellantis and UAW File Dueling Motions to Consolidate String of Lawsuits Regarding Strike Threats on Opposite Coasts

Foley & Lardner LLP on

The nationwide fight continues between Chrysler owner Stellantis and the United Auto Workers Union (“UAW”) and its local chapters regarding the UAW’s threats to strike if Stellantis does not move forward with planned...more

Seyfarth Shaw LLP

Throwing Away the Contract In Favor of an Environment of Enduring Bargaining: Biden Board Expectedly Reinstates Waiver Analysis...

Seyfarth Shaw LLP on

As expected, on December 10, in Endurance Environmental Solutions LLC, 373 NLRB No. 141 (2024), the Democratic majority on the National Labor Relations Board (“NLRB” or “Board”) overruled MV Transportation, 368 NLRB No. 66...more

Fisher Phillips

Labor Board Makes it Harder for Employers to Make Unilateral Workplace Changes: 5 Steps for Employers

Fisher Phillips on

In a significant move, the National Labor Relations Board (NLRB) just overruled a Trump-era ruling and made it more challenging for unionized employers to make workplace changes without bargaining over the change with the...more

Shipman & Goodwin LLP

NLRB Limits Employer’s Right to Make Unilateral Change

Shipman & Goodwin LLP on

On Tuesday, December 10, 2024, the National Labor Relations Board (“the Board”) limited an employer’s right to make unilateral changes in the workplace, restoring one of “the oldest and most familiar doctrines” in labor law:...more

Morgan, Brown & Joy, LLP

The Pendulum Swings Again: NLRB (Re)Adopts “Clear and Unmistakeable Waiver” Standard in Duty to Bargain Cases

Morgan, Brown & Joy, LLP on

On December 10, 2024, the National Labor Relations Board issued a decision in Endurance Environmental Solutions, LLC, 373 NLRB No. 141 (2024), a case in which it reconsidered and reestablished the standard against which an...more

Constangy, Brooks, Smith & Prophete, LLP

USL Super League players have unionized – now what?

Is NWSL merger ahead? Last week, a reported 97 percent of players in the United Soccer League Super League voted to unionize and be represented by the USL Players Association. The unionization comes in the middle of the...more

Fisher Phillips

Successor Withdrawal Liability in Asset Sales: 5 Tips for Employers Before Buying the Assets of a Unionized Company

Fisher Phillips on

When a New York waste operator took over a waste hauling and recycling contract for Westchester County last year, the successful acquisition of a multimillion-dollar business opportunity turned into a pension liability...more

Davis Wright Tremaine LLP

New Minimum Wage, Paid Sick Leave, and Captive Audience Meeting Protections for Alaska Employees

Alaska Ballot Measure One passed, according to unofficial election results, and brings with it three major changes for Alaska employers. The new law goes into effect July 1, 2025, but employers should start the process of...more

Proskauer - Labor Relations Update

New York City to License Hotels: What You Need to Know

On November 4, 2024, Mayor Eric Adams signed into law Int. No. 991-C (the “Act”), which establishes a new licensure requirement for hotels to operate in New York City, requiring new staffing, safety, cleanliness and direct...more

Sheppard Mullin Richter & Hampton LLP

What a Headache: The Third Circuit Finds That a Plaintiff’s Migraines Were Not a Serious Health Condition Under the FMLA

On October 11, 2024, in the matter of Ephriam Rodriquez v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), the Third Circuit Court of Appeals addressed the legal standards for establishing a “serious health...more

Genova Burns LLC

Three Strikes: Lessons Learned From The ILA, Autoworkers, & Actors Strikes

Genova Burns LLC on

Now that the ILA short-lived but eventful strike is over, it is important to understand what this strike and the two noteworthy strikes of last year by the Autoworkers and the Actors-Writers have in common and what we might...more

Fisher Phillips

California Extends PAGA Exemption for Unionized Construction Industry Employers – But You Need to Take Action to Qualify

Fisher Phillips on

California Governor Newsom just signed legislation Saturday that will ensure certain unionized construction employers are completely exempted from PAGA lawsuits for the next 14 years. Thanks to AB 1034, construction employers...more

Proskauer - New Media & Technology

California Enacts Generative AI Law Addressing “Digital Replicas” of Performers

On September 17, 2024, Governor Gavin Newsom signed AB 2602 into California law (to be codified at Cal. Lab. Code §927). The law addresses the use of “digital replicas” of performers. As defined in the law, a digital...more

Proskauer - Labor Relations Update

President Biden Signs Executive Order Directing Agencies to Prioritize Pro-Union and Union Neutrality Policies

On September 6, 2024, President Biden signed an Executive Order on Investing in America and Investing in American Workers (the “Order”), that, among other things, aims to provide “incentives for federally assisted projects...more

Fisher Phillips

Relaciones Laborales en México: 4 Desarrollos Clave y 7 Consejos de Cumplimiento Principales a Medida que las Empresas...

Fisher Phillips on

Las empresas en México han enfrentado cambios significativos en los últimos años con respecto a las leyes, regulaciones y prácticas laborales – y esto es particularmente cierto cuando se trata de relaciones laborales y...more

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