Employers that want to maintain non-union status must be aware of the significant and rapid shift of the NLRB toward pro-union positions. Everyone expected the NLRB pendulum to swing pro-union, but few observers expected the...more
NLRB Acting General Counsel Peter Ohr is moving swiftly to put his stamp on national labor policy. Last week, my partner Andrew MacDonald blogged about Ohr’s withdrawal of a complaint that had challenged the use of a...more
The case was brought by Philadelphia Eagles offensive tackle David Lane Johnson against the NFL Players Association, the NFL, and the NFL Management Council related to a 10-game suspension for using performance-enhancing...more
Unions will have greater exposure to “make whole” relief awards for violating their duty of fair representation under the National Labor Relations Act (NLRA) if National Labor Relations Board (NLRB) General Counsel (GC) Peter...more
With maybe some relief for employers. This week, the General Counsel of the National Labor Relations Board publicly released some advice memoranda that indicate better times for employers and possibly tougher times for...more
n March 1, 2019, the National Labor Relations Board (“Board”), in a 3-1 decision, ruled that Beck objectors cannot be required to financially support the lobbying efforts of unions because lobbying costs are not chargeable as...more
The National Labor Relations Board just decided that private sector unions cannot use fees paid by nonmembers to fund their lobbying efforts. Especially when coupled with last year’s momentous Janus decision at the U.S....more
Although in many respects it was a slow year for the National Labor Relations Board, it was a year of progress in the eyes of many employers. The Board operated at full strength for the entire year, with Republican John Ring...more
National Labor Relations Board’s field office staff have been directed to prosecute a broader array of cases against unions that engage in negligent behavior toward their members, according to an internal memorandum obtained...more
Employers subject to collective bargaining relationships often complain about the time they spend responding to objectively meritless grievances. ...more
Summer might be coming to a close, but labor unions continue to feel a rise in temperature. Unions can expect to face a change in how the National Labor Relations Board’s Regional Offices will handle duty of fair...more
Case addresses scope of EEOC charge, too - The Sixth Circuit has issued an opinion involving a number of class action and employment issues in a case arising out of an unusual fact pattern and convoluted procedural history....more
This edition of the Employment Flash looks at a Texas court's grant of a preliminary injunction blocking implementation of a DOL rule that would have more than doubled the minimum salary requirements for the executive,...more
As reported in our earlier alert the new Insurance Act (which will govern insurance policies placed, amended or renewed from 12 August 2016) is designed to provide a more up to date framework for commercial insurance in...more
On September 8, 2015, Bank of America NA and Midland Loan Services settled Bank of America’s lawsuit seeking a declaratory judgment that it did not breach the representations and warranties in connection with a CMBS...more
One deliberately ironic facet of the 2004 film Howard Hughes bio-pic The Aviator (the one with Leonardo DiCaprio) is the fact that the airlines fighting for world dominance in the 1940s were Howard Hughes’ TWA and Juan...more
Lobbying Took Place In A Neighboring State’s Legislature - The National Labor Relations Board recently held that United Nurses and Allied Professionals (UNAP) did not violate the National Labor Relations Act (NLRA) by...more