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The National Labor Relations Act › Labor Regulations › Labor Relations

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 -
Husch Blackwell LLP

The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II

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Labor Law Insiders Trecia Moore, Megann McManus, and Terry Potter continue their discussion with Labor Law Insider host Tom Godar regarding remedies the National Labor Relations Board is trying to impose for unfair labor...more

Perkins Coie

Supreme Court Rejects More Lenient Test for NLRB Injunctions

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On June 13, 2024, the Supreme Court of the United States made it harder for the National Labor Relations Board (NLRB) to win injunctive relief against employers accused of unfair labor practices. The Court held in Starbucks...more

McDermott Will & Emery

Labor Law Update: Union Certification Without Winning the Employee Vote

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As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized...more

Husch Blackwell LLP

The Labor Law Insider: What Just Happened, and What's Next? 2023 Labor Law Retrospective, Part II

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This episode of the Labor Law Insider concludes our discussion on the changes wrought by the National Labor Relations Board (NLRB) in 2023 and their implications for employers in 2024 and beyond. Adam Doerr and Rufino Gaytán...more

Benesch

NLRB Guidance on Accelerated Union Election Schedule Effective at the End of December

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On December 8, 2023, the National Labor Relations Board’s (“NLRB”) General Counsel published a Memorandum outlining the differences between the new union-friendly election rule that becomes effective on December 26, 2023 and...more

Husch Blackwell LLP

The Labor Law Insider: Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part II

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Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider host Tom Godar in Part II of this discussion of the impact of new Cemex decision by the NLRB. Suddenly, minor violations of the National Labor...more

BakerHostetler

It’s the Holiday Season, and the NLRB Is the Union-Friendly Gift That Keeps On Giving

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As we reflect on the many decisions that the National Labor Relations Board (NLRB or the Board) has handed down this year (many of which are unfavorable to employers), now is the perfect time to ensure that your organization...more

Faegre Drinker Biddle & Reath LLP

Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium

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On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State...more

Foley & Lardner LLP

NLRB Issues Final Rule on Joint-Employer Status

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On October 26, 2023, the National Labor Relations Board (NLRB or “the Board”) issued its long-awaited final rule (“New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations...more

Butler Snow LLP

The Definition of Joint-Employer Significantly Expanded by NLRB’s Newly Established Standard

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On October 26, 2023, the National Labor Relations Board (“NLRB”) issued its final rule entitled “Standard for Determining Employer Status.” This rule comes a little over three years after the NLRB released a rule in April...more

Sheppard Mullin Richter & Hampton LLP

Judge Issues First Post-Cemex Bargaining Order Despite Employer Winning Union Election

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As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more

Bradley Arant Boult Cummings LLP

Open Up the Playbook: NLRB Rules Starbucks Must Produce Document at Hearing or Custodian of the Search

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If you don’t already know, Starbucks has been in a pretty big labor dispute, and there are bound to be lessons for all of us. If your company has internal documents about relations with prospective unions, you may have to...more

Jackson Lewis P.C.

Labor Board Expands an Employer’s Duty to Bargain During Contract Negotiations

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Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more

Foley Hoag LLP

NLRB Protects Solo Worker Protests as “Concerted Activity” Under Federal Labor Law

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On August 31, 2023, the NLRB released its decision in Miller Plastic Products, Inc. and Ronald Vincer, 372 NLRB No. 134 (“Miller”), in which the Board re-established a fact-sensitive totality of the evidence test to determine...more

Benesch

NLRB Revives 1940’s Precedent, Reducing Barriers to Representation

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On August 25, 2023, the National Labor Relations Board (NLRB) carried on with its pro-labor march by reviving elements of nearly eighty-year-old precedent. With its decision, Cemex Construction Materials Pacific, LLC, the...more

Miles & Stockbridge P.C.

NLRB Signals Preference for Union Recognition Without Secret Ballot Elections

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The National Labor Relations Board (NLRB) signaled last week its preference that employers voluntarily recognize unions based on “card check” rather than a secret ballot election. In Cemex Construction Materials Pacific, LLC,...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

Burr & Forman

Return to the Expedited Election Rules

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On August 24, 2023, the U.S. National Labor Relations Board (“NLRB”) rolled back several Trump-era rules regarding how elections are conducted. More specifically, the new rules re-implement a series of Obama-era rules that...more

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

NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

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On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act...more

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

NLRB General Counsel Seeks Quicker Compliance With Board Orders

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In yet another effort to speed up the processing of cases, the National Labor Relations Board (NLRB) general counsel on May 22, 2023, issued a memorandum instructing Regional Offices to speed up compliance with Board-ordered...more

FordHarrison

"Fight On" for Employee Status

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Executive Summary: The National Labor Relations Board’s (NLRB’s) recent unfair labor practice (ULP) complaint against the University of Southern California (USC), the National Collegiate Athletic Association (NCAA), and the...more

Williams Mullen

Tales From the NLRB: More Remedies More Often

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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

Spilman Thomas & Battle, PLLC

What Florida Employers Can Do When a Union Knocks on Their Door

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When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their rights and obligations when dealing with unions to ensure that...more

PilieroMazza PLLC

Remedies for NLRA Violations Now Include Consequential Damages: Important Takeaways for Employers

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Last year, the National Labor Relations Board (NLRB), the agency tasked with enforcing employee rights to organize and discuss terms of employment, issued a number of decisions that impacted U.S. labor law. One decision...more

Morgan Lewis

The NLRB’s Next Era: Practical Takeaways from Key 2022 Year-End Decisions

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Leading up to National Labor Relations Board (NLRB) member John F. Ring’s departure on December 16, 2022, labor advocates held their collective breath, awaiting what is often a flurry of decisions as Board members push their...more

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