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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
Since 2019, employers have relied heavily on the management rights clauses in collective bargaining agreements to make unilateral workplace changes involving operational decisions. They did so with the protection of the...more
The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more
One December 10, 2024, the National Labor Relations Board (NLRB) issued its decision in Endurance Environmental Solutions, LLC, upending its prior “contract coverage” standard for determining whether a unionized employer...more
On Tuesday, December 10, the National Labor Relations Board (NLRB) issued a decision that will make it more difficult for a unionized employer to make unilateral changes to working conditions. The decision, Endurance...more
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
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
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
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
On December 2, 2024, a Dane County, Wisconsin Circuit Court issued a landmark decision striking down portions of 2011 Wisconsin Act 10 (“Act 10”) and thus affecting the collective bargaining rights of public sector employees...more
Since the 1940’s, the National Labor Relations Board (“the Board”) has held the position that mandatory meetings with employees where the employer expresses its views on unions, typically referred to as “Captive Audience...more
Just hours after it became clear that Donald Trump would be returning to the White House, the majority Democratic National Labor Relations Board (“NLRB”) showed no signs of slowing down its efforts to implement the Biden...more
The National Labor Relations Board (the Board) voted 3-1 (along party lines, with Member Kaplan dissenting) on November 13, 2024, to prohibit so-called "captive audience" meetings.1 In doing so, the Board overturned...more
On October 14th, The National Labor Relations Board (“NLRB”) announced that the number of union organizing petitions filed from October 1, 2023 to September 30, 2024, more than doubled from the same period in 2021. Petitions...more
The recent NLRB decision finding that mandatory employer meetings involving unionization discussions are unlawful includes other points that will affect employers....more
In a recent advisory opinion following the National Labor Relations Board’s (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a...more
Dutch law prohibits employers from paying full-time employees differently—i.e., more favorably—than part-time employees, unless the difference in pay can be objectively justified. This is not readily the case, however....more
With a new administration looming, the National Labor Relations Board (“Board”) recently issued two decisions that radically depart from established law about what an employer can say and how an employer can lawfully meet...more
On November 13, 2024, the National Labor Relations Board (“NLRB”) issued a sharply divided decision in Amazon.com Services LLC, overruling yet another decades-old rule and holding that captive-audience meetings violate...more
During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more
On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision prohibiting the practice of holding mandatory employee meetings to discuss the employer’s views on unionization....more
On November 8, 2024, the National Labor Relations Board (“NLRB”) issued a decision in Siren Retail Corp. d/b/a Starbucks, throwing out an almost 40-year-old rule that categorically allowed employers to tell their employees...more
The National Labor Relations Board and unions have been busy. The NLRB received 3,286 union election petitions during FY 2024, up 27% since FY 2023 (when the NLRB received 2,593 petitions) and more than double the number of...more
In National Labor Relations Board v. Metro Man IV, LLC, Case No. 07-CA-264407 (6th Cir. Aug. 29, 2024), the U.S. Court of Appeals for the Sixth Circuit partly upheld and partly reversed a National Labor Relations Board...more
The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous...more