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National Labor Relations Board › Unfair Labor Practices › Settlement Agreements

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
McAfee & Taft

NLRB changes course on consent orders … again

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The National Labor Relations Board (NLRB) has long allowed employers and unions to resolve cases arising from unfair labor practice charges without a full adjudication on the merits. The most common way in which this is...more

Sheppard Mullin Richter & Hampton LLP

NLRB Will No Longer Approve Employer Proposed Consent Orders

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As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more

Proskauer - Labor Relations Update

NLRB Signals Pullback on Consequential Damages Against Unions

Proskauer - Labor Relations Update on

As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) has indicated that it is committed to considering consequential damages as a possible make-whole remedy applicable to damages both caused by an...more

Amundsen Davis LLC

NLRB GC Abruzzo Ordered Up ‘New Make-Whole Remedies’ for Victims of Unfair Labor Practices – and the Regional Offices Are...

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A discussed in a previous article, on September 8, 2021, the National Labor Relations Board General Counsel, Jennifer Abruzzo, issued a memorandum to all NLRB Regional Directors notifying them (and the rest of us) of her...more

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

NLRB General Counsel Issues Memo on Securing Full Remedies in Settlements

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On June 23, 2022, National Labor Relations Board General Counsel Jennifer A. Abruzzo issued Memorandum GC 22-06 advising Regions that they may seek a judgment to force employers to comply with the specific terms of settlement...more

Jackson Lewis P.C.

Labor Board General Counsel Mandates More Onerous Unfair Labor Practice Settlement Terms

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After less than two months in office, new National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo has urged broad pro-union changes in NLRB case law and has mandated more aggressive remedies in unfair...more

Ballard Spahr LLP

NLRB Makes Settlement More Difficult

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On September 15, 2021, the National Labor Relations Board (NLRB)’s General Counsel instructed regional offices to take a more aggressive stance in settlement negotiations in unfair labor practice cases, seeking broader...more

Proskauer - Labor Relations Update

Update: NLRB Extends Suspension of Notice-Posting Requirements to Cases Involving Informal Settlement Agreements

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As we discussed, the National Labor Relations Board decided early this month that it would temporarily suspend the remedial notice-posting and emailing requirement at facilities shut down due to the COVID-19 pandemic until...more

Proskauer - Labor Relations Update

NLRB: Outsized Payment to Union Supporter to Waive Reinstatement in Board Settlement Not Unlawful Bribe

Proskauer - Labor Relations Update on

Shamrock Foods Company, 369 N.L.R.B. No. 5 (January 7, 2020) is the latest in the National Labor Relations Board’s series of employer-friendly decisions. In Shamrock Foods, the Board held that an employer did not violate...more

Bond Schoeneck & King PLLC

NLRB Reinstates Former Legal Standard for Deferral to Arbitration

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On December 23, the National Labor Relations Board reversed its 2014 decision in Babcock & Wilcox Construction Co, Inc., and reinstated the legal standard for deferring to the arbitration process that had existed prior to the...more

Proskauer - Labor Relations Update

NLRB Continues to Aid Workers in Ousting Unions

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The NLRB recently reiterated its position that the agency should not be so quick to dismiss petitions filed by employees seeking to decertify a union. The Board, in a 3-1 decision, held that if a petition for decertification...more

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

Effectively Countering the NLRB’s Continued Obsession With Default Language in Informal Settlement Agreements

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The majority of unfair labor practice (ULP) charges against employers are either withdrawn, dismissed or settled. My February 7, 2014 article discussed the former general counsel’s (GC) 2011 mandate (GC Memo 11-04) requiring...more

Proskauer - Labor Relations Update

NLRB Restores Ability Of ALJ’s To Accept Settlement Offers Over Objection of Charging Party and General Counsel- Overrules One...

Proskauer - Labor Relations Update on

In the last few years, December has been a time of change at the NLRB. The last few Decembers have seen precedent overturned and other sweeping decisions issue from the Board. This December is no different. With Chairman...more

Fisher Phillips

NLRB Reinstates Reasonableness Settlement Standard in its First Reversal Under Trump Administration

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On December 11, 2017, the NLRB ruled that an ALJ in Pittsburgh properly accepted a partial settlement offered by University of Pittsburgh Medical Center (UPMC) despite objections from the agency’s general counsel and the...more

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Judges Regain Power to Approve Partial Settlements

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National Labor Relations Board (NLRB) Administrative Law Judges (ALJs) have regained the power to approve partial settlements of Unfair Labor Practice charges (ULPs) – even if the NLRB’s General Counsel, and the charging...more

Proskauer - Labor Relations Update

NLRB: Employer’s Side Letter Explaining NLRB Notice Breached Settlement Agreement and Warranted Default Judgment

Proskauer - Labor Relations Update on

One of the fundamental pillars of any remedy doled out by the NLRB is the agency’s requirement that the employer (or union) post a “Notice to Employees,” a bright blue poster detailing the misdeeds of the charged party. Such...more

Proskauer - Labor Relations Update

NLRB Settlements Can Be Tricky, Especially If You Don’t Inform The Agency

Proskauer - Labor Relations Update on

The last few decisions issued by the NLRB have addressed a wide spectrum of rather unique situations. Just in the last several days we saw decisions involving a combative registered nurse and a human resources representative...more

Littler

NLRB Signs Off On Narrow Confidentiality Provision for Employee Reinstatement Agreements

Littler on

In the recent case of S. Freeman & Sons, Inc., the National Labor Relations Board confronted the question of “whether an employer can require an employee to keep confidential the terms of a settlement agreement in exchange...more

Troutman Pepper

July 2016 Independent Contractor Misclassification and Compliance News Update

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Four of the five independent contractor (IC) misclassification cases reported below from July 2016 illustrate how companies continue to fail to structure, document, and implement a business’s IC relationships in a manner that...more

Troutman Pepper

April 2016 Independent Contractor Misclassification and Compliance News Update

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This past month involved the settlement of a number of high profile IC misclassification cases. In one case, a federal court gave conditional approval to a $226 million settlement between FedEx and its Ground Division...more

Proskauer - Labor Relations

NLRB General Counsel Issues Guidance on Deferral to Grievance Arbitration and Settlements

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Following the decision of the National Labor Relations Board in Babcock & Wilcox Construction Co., 361 NLRB No. 132 (December 14, 2014), the NLRB General Counsel has issued Memorandum GC 15-02 (February 10, 2015), which...more

Littler

NLRB Changes Standard for Deferral to Arbitration in Discrimination and Retaliation Cases

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In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent.  In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board...more

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