NLRA, Collective Bargaining Agreements (CBA), Employer Liability Issues

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

Littler on 4/2/2024

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

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

In Latest Pro-Labor Rulings, NLRB Sharply Curtails Management’s Ability to Change Union Workers' Employment Terms

Fox Rothschild LLP on 9/7/2023

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

NLRB Continues to Rewrite the Rules to Limit Employers’ Authority

Vedder Price on 9/5/2023

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

Michigan Repeals Right-To-Work

Foley & Lardner LLP on 4/10/2023

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

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

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on 1/9/2023

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

NLRB Rules Dues Checkoff Cannot Be Unilaterally Stopped Upon the Expiration of the CBA

Laner Muchin, Ltd. on 12/6/2022

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

NLRB Holds Employers Must Continue Dues Checkoff After Expiration of Collective Bargaining Agreement

McNees Wallace & Nurick LLC on 10/25/2022

In Valley Hospital Medical Center, 371 NLRB No. 160 (Sept. 30, 2022) (Valley Hospital II), a divided National Labor Relations Board held that employers must continue to deduct union dues from employees’ pay and remit such...more

NLRB Reverses Position on Obligation of Employers to Continue Deducting Union Dues After Expiration of CBA

CDF Labor Law LLP on 10/18/2022

History of Dues Checkoff Precedent - In 1962, years before most working Americans were even born, the NLRB issued its decision in Bethlehem Steel. That decision held that dues checkoff clauses in collective bargaining...more

National Labor Relations Board Holds Employers Must Continue To Deduct Union Dues After Expiration Of Collective Bargaining...

Foley Hoag LLP on 10/11/2022

With its decision in Valley Hospital Medical Center, the NLRB reversed its Trump-era precedent and held that dues checkoff provisions in collective bargaining agreements survive the expiration of the contract. Accordingly,...more

CBA Exception Applies to Agreements Retroactively Waiving PAGA Claims

Akin Gump Strauss Hauer & Feld LLP on 9/12/2022

The Private Attorneys General Act (PAGA) contains two industry-specific provisions (Cal. Lab. Code §§ 2699.6 & 2699.8) allowing labor organizations in the construction and janitorial industries to waive the right to bring...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

Key California Employment Law Cases: July 2021

Payne & Fears on 8/11/2021

Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021) Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...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

Funny You Should Ask: Is A Vaccine Mandate Subject Of Bargaining?

Husch Blackwell LLP on 5/20/2021

1. I have a unionized workforce. Do I need to bargain before mandating that my employees are Covid vaccinated before reporting to work? With the CDC largely ending mask requirements for those who are Covid vaccinated,...more

NLRB Finds Aggressive Bargaining Proposals Not Unlawful

Jackson Lewis P.C. on 5/17/2021

An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor Relations Board (NLRB)....more

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

Proskauer - Labor Relations Update on 5/10/2021

In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more

NLRB Keeps “Contract Bar”

Ballard Spahr LLP on 4/23/2021

On April 21, 2021, the National Labor Relations Board (“Board” or “NLRB”) voted to keep in place its long standing rule limiting when workers can try to remove an existing union from the workplace or bring in another – the...more

House Passes Sweeping Labor Law Reform

Littler on 3/11/2021

On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206. One Democratic Representative voted against the bill; five...more

Recent Labor Victories for Adjunct Professors Signal Likely Uptick in Contingent Faculty Organizing

Proskauer - Labor Relations Update on 2/26/2021

Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that adjunct, or contingent,...more

May Employers Mandate COVID-19 Vaccines?

Holland & Hart - Employers' Lawyers on 12/14/2020

Given pending anticipated FDA approval of Pfizer’s COVID-19 vaccine, and encouraging vaccine results from Moderna and AstraZeneca, many employers are wondering whether they may legally mandate vaccinations for their...more

NLRB Division of Advice Dishes Some Guidance With Respect to COVID-Related ULP Charges

Proskauer - Labor Relations Update on 8/18/2020

The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of Advice (“Advice”), the...more

This Week at the Ninth: Sports, Drugs, and Pensions

Morrison & Foerster LLP - Left Coast Appeals on 8/14/2020

This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

The National Labor Relations Act › Collective Bargaining Agreements (CBA) › Employer Liability Issues

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