NLRA, Collective Bargaining Agreements (CBA), Corporate Counsel

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

Proskauer - Labor Relations Update on 4/12/2024

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

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on 9/11/2023

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

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/8/2023

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

The National Labor Relations Board 2022 Year In Review

McNees Wallace & Nurick LLC on 2/2/2023

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

NLRB Rules Employers Cannot Unilaterally Cease Dues Checkoff After CBA Expiration

FordHarrison on 10/6/2022

Executive Summary: On October 3, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reversed its previous ruling from 2019 and held that a union dues checkoff provision should be treated as part of...more

Top Five Labor Law Developments for March 2022

Jackson Lewis P.C. on 4/12/2022

1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more

Aggressive vs. Bad Faith Bargaining: Where is the Line?

Littler on 6/1/2021

The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to...more

Top Five Labor Law Developments For October 2020

Jackson Lewis P.C. on 11/18/2020

1. Thus far in 2020, unions prevailed in mail ballot elections at the same rate as in-person elections. According to an October 16 Bloomberg report, although voter participation was low, unions won seven out of 10 National...more

NLRB Releases More Employer-Friendly COVID Advice

Sheppard Mullin Richter & Hampton LLP on 9/2/2020

The National Labor Relations Board’s (“NLRB” or Board”) Division of Advice[1] recently released five memos dealing with issues related to the COVID-19 pandemic—concluding in all five that dismissal of the pending unfair labor...more

Unionized Covid-19 Loan Recipients Face Troubling Non-Abrogation Commitment

Fisher Phillips on 4/13/2020

In an increasingly desperate business climate, thousands of businesses are expected to apply for emergency loans created by the Coronavirus Aid Relief and Economic Security Act (CARES Act) – but unionized employers may want...more

Flurry Of NLRB Decisions Bring Holiday Cheer To Employers

Amundsen Davis LLC on 12/19/2019

It has been a busy week for the National Labor Relations Board which issued three decisions in quick succession on December 16 and 17. Each of the three is a clear win for employers....more

Labor Board: Unions Waived Right To Bargain Over Changes To Retiree Medical Benefits

Jackson Lewis P.C. on 10/16/2019

The National Labor Relations Board (NLRB) has held that an employer did not violate the National Labor Relations Act (NLRA) when it unilaterally changed retirees’ medical benefits without first negotiating with the unions...more

NLRB Makes ‘Unilateral’ Less Of A Dirty Word

Amundsen Davis LLC on 10/8/2019

The National Labor Relations Act (NLRA) requires employers with a unionized workforce to bargain in good faith with the union over mandatory subjects of bargaining (e.g., wages, hours, and other terms and conditions of...more

Top Five Labor Law Developments For August 2019

Jackson Lewis P.C. on 9/16/2019

1.The National Labor Relations Board (NLRB) found an employer did not violate the National Labor Relations Act (NLRA) by misclassifying its employees as independent contractors. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29,...more

NLRB Continues Shift Toward Employer-Friendly Workplace Standards

Ballard Spahr LLP on 9/13/2019

The National Labor Relations Board (NLRB) issued two 3-1 decisions this week, continuing a string of rulings favoring employers over unions or workers. Details on the decisions follow. ...more

Labor Board Proposes Significant Amendments To Union Election Rules

Fisher Phillips on 8/12/2019

The National Labor Relations Board (NLRB) announced today its intent to publish a proposed “Election Protection Rule” that would amend regulations governing the filing and processing of petitions for secret ballot union...more

NLRB’s Busy Summer Results in Key Labor Changes

Brownstein Hyatt Farber Schreck on 8/6/2019

The National Labor Relations Board (“NLRB”) has been busy this summer—issuing two significant decisions, and one advice memorandum—that tilts the scales in favor of employers. The rulings of the NLRB will have serious...more

Board Ends Union’s “Gotcha” Strategy to Counter Anticipatory Withdrawal of Recognition

Benesch on 7/31/2019

The National Labor Relations Board (“NLRB”) recently determined in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), that a new framework was required to analyze employees’ representation wishes when an employer...more

NLRB Streamlines Process For Employers To Withdraw Union Recognition

Fisher Phillips on 7/9/2019

The National Labor Relations Board just relaxed its test for determining the legality of an employer’s anticipatory withdrawal of union recognition prior to the expiration of the collective bargaining agreement. In the July 3...more

Independence Day Comes Early For Employees Seeking To Shed Union Representation

Proskauer - Labor Relations Update on 7/8/2019

On the eve of Independence Day, the NLRB, in a 3-1 decision (Member McFerran dissented), clarified the law concerning withdrawal and enunciated a new framework for determining whether a union has retained majority support at...more

Bucking the Right-to-Work Trend, Illinois Passes Ban on Right-to-Work Zones

Littler on 5/2/2019

On April 12, 2019, Illinois Governor J.B. Pritzker (D) signed legislation effectively banning local governments from passing right-to-work ordinances. Public Act 101-0003, titled the “Collective Bargaining Freedom Act,”...more

NLRB Rules Employer’s Handbook Statement That Benefit Available To “Non-Union Employees” Violates Act

Proskauer - Labor Relations Update on 2/27/2019

During the last decade, a number of NLRB decisions faulted employers for written policies that were considered to be overbroad in violation of the National Labor Relations Act. These rulings sprang largely from the NLRB’s...more

Seventh Circuit Strikes Municipal Right-To-Work Law, Splitting with the Sixth Circuit

Cozen O'Connor on 10/16/2018

On September 28, 2018, the Seventh Circuit affirmed a ruling striking down a right-to-work ordinance passed by the village of Lincolnshire, Ill., holding that the National Labor Relations Act does not grant local governments...more

Thinking About E-Verify? Verify With The Union First!

Seyfarth Shaw LLP on 9/21/2018

Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide. Last month, the NLRB held, amongst other things, that an employer violated the NLRA by...more

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on 4/27/2018

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

The National Labor Relations Act › Collective Bargaining Agreements (CBA) › Corporate Counsel

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