News & Analysis as of

Collective Bargaining Agreements (CBA) Unions The National Labor Relations Act

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

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

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

Husch Blackwell LLP

Deauthorization – A Win for Employees and a Path to Right to Work Under the NLRA

Husch Blackwell LLP on

On June 11, 2024, the National Labor Relations Board (NLRB) issued a very short but interesting decision in Governed United Security Professionals (Golden SVCS, LLC) and Sheldon N. Fraser, 373 NLRB No. 66 (June 11, 2024),...more

Proskauer - Labor Relations Update

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

Littler

D.C. Circuit: NLRB Must Weigh Contract-Based Defenses and Enforce Lawful CBA Provisions

Littler on

The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more

McNees Wallace & Nurick LLC

Just When You Thought You Were All Zippered Up . . .The NLRB Issues a New Decision on Zipper Clauses

If you are gearing up for union negotiations in 2024, do not miss the opportunity to review current and past practices that may not have been incorporated into expiring collective bargaining agreements.  Trust me, it will be...more

Proskauer Rose LLP

“Free and Clear” Collides with “Perfectly Clear”: Delaware District Court Imposes Successor Liability on Buyer in 363 Sale

Proskauer Rose LLP on

Navigating the Bankruptcy Code can present many traps for unsuspecting debtors, creditors, or asset buyers. The Delaware District Court recently reminded bankruptcy participants of an often overlooked pitfall involving the...more

Epstein Becker & Green

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...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

Fox Rothschild LLP on

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

Hinshaw & Culbertson - Employment Law...

NLRB Reverses 50-Year Precedent and Lessens Standard for a Bargaining Order Without a Secret Ballot Election

The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy...more

Littler

Littler Lightbulb – June Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. At the Supreme Court...more

Snell & Wilmer

Cemented in History: The Supreme Court’s Glacier Decision Holds That Employers Can Sue for Strike Damages

Snell & Wilmer on

On June 1, 2023, the United States Supreme Court issued its 8-1 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174,1 holding that the National Labor Relations Act (“NLRA”)2 does...more

Foley & Lardner LLP

Michigan Repeals Right-To-Work

Foley & Lardner LLP on

In a highly anticipated move, on March 24, 2023, Governor Gretchen Whitmer of Michigan signed a repeal of the state’s 2012 so-called “Right-to-Work” legislation. The repeal had long been a stated goal of democrats in the...more

Weintraub Tobin

Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements

Weintraub Tobin on

Section 7(a) of the NLRA Applies to More Than Just CBA Employees- In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other...more

Kohrman Jackson & Krantz LLP

Union Activity Continues to Rise: Best Practices for Your Business

The reported rate of union membership in the United States has been decreasing for the past 40 years, with recent numbers no exception to the slide downhill. Those numbers, however, are deceiving...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

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

Fisher Phillips

Sellers Beware: NLRB Expands Employer Requirements to Provide Sales Agreement to Union

Fisher Phillips on

In a recent decision, the National Labor Relations Board gave unions greater access to sales agreements under the employer’s duty to provide relevant information so as to meaningfully engage in effects bargaining. The August...more

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