News & Analysis as of

Duty of Fair Representation

Akerman LLP - HR Defense

Non-Union Employers Beware: The NLRB Pendulum is Pushed Pro-Union

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

Fox Rothschild LLP

Watch The Pendulum Swing – NLRB’s Acting GC Rolls Back Predecessor’s Guidance Memoranda

Fox Rothschild LLP on

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

Carlton Fields

Second Circuit Affirms Denial of NFL Player’s Petition to Vacate Arbitration Award, Rejecting Arguments of Harm Caused by Failure...

Carlton Fields on

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

Jackson Lewis P.C.

NLRB General Counsel: Ease Make Whole Relief Burden Of Proof In Duty Of Fair Representation Cases

Jackson Lewis P.C. on

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

Constangy, Brooks, Smith & Prophete, LLP

NLRB Releases Advice Memos On Gig Workers, Inflatable Critters, And 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

Sheppard Mullin Richter & Hampton LLP

I’m Not Paying for That! National Labor Relations Board Increases Rights of Beck Objectors and Further Limits the Activities...

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

Fisher Phillips

NLRB Deals Blow To Unions’ Ability To Use Fees For Lobbying Purposes

Fisher Phillips on

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

McNees Wallace & Nurick LLC

The National Labor Relations Board 2018 Year In Review – An Overview of Major Developments in Labor Law

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

Jackson Lewis P.C.

Unions To Face Greater Scrutiny For Negligent Conduct To Their Members

Jackson Lewis P.C. on

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

Polsinelli

Grieve Now, Ask Later

Polsinelli on

Employers subject to collective bargaining relationships often complain about the time they spend responding to objectively meritless grievances. ...more

Fisher Phillips

National Labor Relations Board Turns Up The Heat On Negligent Unions

Fisher Phillips on

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

BakerHostetler

6th Circuit Rejects Crude Statistics Based on Small Sample

BakerHostetler on

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

Skadden, Arps, Slate, Meagher & Flom LLP

"Employment Flash - December 2016"

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

K&L Gates LLP

New UK Insurance Act Coming into Force in August 2016 - Some Practical Tips for Policyholders in Anticipation of the Changes

K&L Gates LLP on

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

Orrick - Finance 20/20

Bank of America and Midland Settle RMBS Litigation

Orrick - Finance 20/20 on

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

BakerHostetler

Bankruptcy Court Dismisses Class Action DFR Complaint Involving Airline Merger

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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

Fisher Phillips

Labor Letter, March 2013: NLRB Requires Non-Union Member To Pay For Lobbying Fees

Fisher Phillips on

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

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