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The National Labor Relations Act › Employee Rights › Collective Bargaining

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
CDF Labor Law LLP

NLRB and Union Relations Beyond 2024 – What Will the Election Bring?

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As we have reported many times, the National Labor Relations Board (NLRB) is a powerful agency that regulates both the union and non-union workplace. However, the NLRB is also a largely political organization that...more

Saul Ewing LLP

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

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On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

CDF Labor Law LLP

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

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On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 3

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In Part One of our 3-part series, we touched on the background and landscape that led up to the Dartmouth decision. In Part Two, we explored the decision itself and pulled on the strings that the National Labor Relations...more

Ervin Cohen & Jessup LLP

National Labor Relations Board Adopts Stricter Employer Workplace Rule Standard

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Under the National Labor Relations Act (NLRA), employees have “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage...more

CDF Labor Law LLP

NCAA Proposes Classifying Certain NCAA Student Athletes as Employees

CDF Labor Law LLP on

The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more

Littler

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

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In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more

K&L Gates LLP

NLRB Weakens Secret-Ballot Elections in Union Campaigns, Increasing Unionization Perils

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On 25 August 2023, the Cemex decision by the National Labor Relations Board (NLRB or Board) upended 52 years of Board law that had previously enshrined the secret-ballot election as the default method for union certification....more

Venable LLP

NLRB Allows Unions to Represent Workers Without a Formal Vote

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On August 25, 2023, the National Labor Relations Board (NLRB or the Board) decided that employers must either recognize a new union or promptly file for an election when a union asks for recognition based on a majority of...more

Stevens & Lee

Historic NLRB Decision Changes When Employers Must Recognize and Bargain with Unions

Stevens & Lee on

In a monumental sea change, on August 25, 2023, the National Labor Relations Board (NLRB) issued a decision in Cemex Construction Materials Pacific, LLC announcing a new rule for deciding when employers must bargain with...more

Patterson Belknap Webb & Tyler LLP

The National Labor Relations Board Tightens Restrictions on Workplace Conduct Policies

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On August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Stericycle, Inc. and Teamsters Local 628 tightening the reins on employer workplace conduct policies. The decision rejects a...more

Bowditch & Dewey

NLRB Adopts New Standard for Evaluating Lawfulness of Work Rules

Bowditch & Dewey on

On August 2, 2023, the National Labor Relations Board issued a decision in Stericycle Inc., which adopts a new standard for how the NLRB will evaluate workplace policies and rules when determining if they interfere with...more

Baker Donelson

Déjà Vu All Over Again: NLRB Returns to a Restrictive Employee Handbook Standard

Baker Donelson on

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) issued an important decision in Stericycle, Inc. in which it overruled the precedent that had afforded employers a greater amount of latitude in...more

Akerman LLP - HR Defense

Top Ten Myths About Unions

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Many employers mistakenly assume that their workforce is not likely to be organized by a union. Maybe they assume that only factory workers and public employees are the most typical members of unions. Maybe they assume they...more

Littler

Illinois Governor Amends Labor Disputes Act

Littler on

On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures...more

Williams Mullen

Tales From the NLRB: More Remedies More Often

Williams Mullen on

On April 20, 2023, the National Labor Relations Board (Board) committed itself to imposing more remedies more often when dealing with parties “who have shown a proclivity to violate the National Labor Relations Act (NLRA) or...more

Littler

Michigan Repeals Right-to-Work Law

Littler on

In 2012, Michigan enacted a right-to-work statute that prevented employees from being forced to join or financially support a labor union as a condition of employment. On Friday, March 24, 2023, Michigan became the first...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor – Fall 2022

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In the last issue of the Ogletree Deakins Practical NLRB Advisor, we utilized this space to remark that the current general counsel’s (GC) multifaceted and radical agenda posed genuine institutional issues for the National...more

Saul Ewing LLP

The Illinois Workers’ Rights Amendment and its Impact on Illinois Employers

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Background - Weeks of phone and text banks, TV and radio advertisements, thousands of door-to-door campaigners, as well as strong pro-labor lobbying resulted in the recent passage of the Illinois Workers’ Rights Amendment....more

Littler

Potential Rescission of NLRB’s 2020 Election Protection Rule

Littler on

On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

Amundsen Davis LLC

Illinois’ “Workers’ Rights” Amendment: What is it?

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Proposed Amendment 1 to the Illinois Constitution (the so-called “Workers’ Rights Amendment”), on the November 2022 ballot, formally reads as follows: Employees shall have the fundamental right to organize and to bargain...more

Jackson Lewis P.C.

Top Five Labor Law Developments for May 2022

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1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

Proskauer - Labor Relations Update

General Counsel Abruzzo Looks to Overturn Board Precedent Again: This Time, Seeking to Broaden Union Access to Public Spaces

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In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more

Proskauer - Labor Relations Update

Appellate Court Reverses NLRB, Holding Tweet About “Salt Mines” Not an Unfair Labor Practice

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Last week, the Third Circuit reversed a National Labor Relations Board (“NLRB”) decision finding that FDRLST Media, publisher of online news magazine The Federalist, unlawfully threatened its employees when its Executive...more

Jackson Lewis P.C.

Top Five Labor Law Developments for April 2022

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1. The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board...more

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