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Fisher Phillips

NLRB Pushes Schools to Release Student Information to Unions: Navigating Privacy Considerations in Light of Recent Guidance

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Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more

Lathrop GPM

NLRB Clears Path for Union Representation Without an Employee Vote

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For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General...more

Benesch

Concerns Over Cemex Bargaining Orders

Benesch on

On August 25, 2023, the National Labor Relations Board (“NLRB”) decided Cemex Construction Materials Pacific, LLC, which lowered the threshold for the Board to issue a bargaining order rather than re-run an election when it...more

Fisher Phillips

Labor Board Highlights Priorities for the New Year: 5 Key Takeaways for Employers

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Many employers had trouble keeping up with the dizzying pace of new directives from the National Labor Relations Board (NLRB) in 2023. And these changes may have prompted you to review and update your employee relations...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

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Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the applicability of its new Cemex...more

Littler

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

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The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

Cozen O'Connor

Employment Law Now VII-138 - An Interview With the DOL, EEOC, and NLRB

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In today's new episode, Michael Schmidt interviews high-level officials from the United States Department of Labor (Solicitor of Labor Seema Nanda), the United States EEOC (Commissioner Andrea Lucas), and the NLRB (General...more

Fox Rothschild LLP

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

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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

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

Benesch

NLRB Revives 1940’s Precedent, Reducing Barriers to Representation

Benesch on

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

Fox Rothschild LLP

NLRB's New Framework for Union Organizing Puts Employers at a Severe Disadvantage

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The National Labor Relations Board has issued a groundbreaking decision that jettisons 50 years of established law to provide unions a more favorable framework to organize nonunion companies. On the heels of new rules...more

Miller Canfield

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

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The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

Benesch

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

Benesch on

In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

Polsinelli

The NLRB’s New Rule for Workplace Rules

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The National Labor Relations Board (the “Board”) issued its long-awaited decision regarding employer work rules that impacts both unionized and non-unionized workplaces. In Stericycle, the Board altered the standard for...more

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

NLRB General Counsel Seeks Quicker Compliance With Board Orders

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

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Fisher Phillips

NLRB General Counsel Doubles Down on Captive Audience Meetings in Response to Legal Challenge

Fisher Phillips on

As you may know, the NLRB’s top prosecutor issued a memo last year seeking to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances...more

Stevens & Lee

NLRB GC Issues Updated Memo on Prosecutorial Priorities

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On March 20, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued an updated memo outlining her prosecutorial priorities. GC Abruzzo’s prior August 2021 memo identified 46 issue areas for...more

Polsinelli

“Outlook Not So Good” – An Employer’s Guide to the NLRB’s 2023 Agenda

Polsinelli on

“Should Employers have any hope for impartiality and good decisions from the National Labor Relations Board (“NLRB” or the “Board”) in 2023?”  Posed to the old Magic 8 Ball, the answer is “Don’t count on it.”...more

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

The Practical NLRB Advisor – Fall 2022

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

Constangy, Brooks, Smith & Prophete, LLP

Laboring on without a House – unions and their allies have plenty of “workarounds”

The Biden Administration’s efforts at adjusting the balance of labor relations toward the interests of organized labor, at least for now, must largely fall back on non-legislative means, given the Republican capture of the...more

Miller Nash LLP

The NLRB Reawakened: Part One—New Obstacles to Settlement of Unfair Labor Practices

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On September 15, 2021, National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 21-07 (“Full Remedies in Settlement Agreements”), which urges the Regions to seek remedies in the settlement of...more

Robinson & Cole LLP

Unions Are Adding Some Heat in the Kitchen for Food & Beverage Employers

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Currently, Americans view labor unions more favorably than they have in decades, leading to an increase in union activity. The National Labor Relations Board (NLRB) reported that for the first six months of fiscal year 2022...more

Proskauer - Labor Relations Update

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

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

Stinson LLP

Are Captive-Audience Meetings and Secret-Ballot Elections About to Vanish?

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Uncertainty looms as NLRB General Counsel seeks to upend a combined 127 years of settled labor law to help unions organize workplaces Labor law has long been somewhat prone to uncertainty and inconsistency. - Each new...more

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