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National Labor Relations Board › Unions › Appeals

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 -
Proskauer - Labor Relations Update

Ninth Circuit Panel Hears Oral Argument on the NLRB’s Transformative Cemex Decision

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On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National...more

Proskauer - Labor Relations Update

Red Rock and a Hard Place: NLRB Issues First Post-Cemex Bargaining Order

Proskauer - Labor Relations Update on

On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB...more

Proskauer - Labor Relations Update

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

Proskauer - Labor Relations Update on

On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

Dorsey & Whitney LLP

Trader Joe’s Labor Union Bags a Victory in Trademark Dispute

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Trader Joe’s is a hugely popular grocery chain that has expanded from its Southern California origins to operate close to 600 stores across the United States. Although Trader Joe’s has traditionally had a reputation as an...more

Bradley Arant Boult Cummings LLP

How Quickly Can the NLRB Get You? The Supreme Court to Decide in Starbucks Appeal

Bradley Arant Boult Cummings LLP on

As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be...more

Benesch

Starbucks Union Dispute Reaches Supreme Court

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On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Parker Poe Adams & Bernstein LLP

Internal Employee Grievance Committees Can Violate Federal Labor Laws

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When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more

Miles & Stockbridge P.C.

5th Circuit Reverses NLRB, Approving Dress Code Ban on Union Shirts

Miles & Stockbridge P.C. on

The National Labor Relations Board (NLRB) issued a controversial decision last year significantly limiting a company’s ability to implement and enforce uniform and dress code policies. In Tesla, Inc., 317 NLRB No. 131 (2022),...more

Seward & Kissel LLP

Employment Litigation Roundup: October 2023

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October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

Bradley Arant Boult Cummings LLP

Union Activity Continues To Expand Amidst Pro Labor Movement

Bradley Arant Boult Cummings LLP on

In a regulation issued by the National Labor Relations Board (NLRB), the Democratic majority on the board altered the voting process in rolling back Trump-era changes that had slowed down the election process. The new...more

Proskauer - Labor Relations Update

Here We Go Again: Board Resurrects “Quickie” Election Rules

Proskauer - Labor Relations Update on

With over 58,000 workers reportedly unionizing so far in 2023 and the number of representation petitions on the rise, it comes as no surprise that the National Labor Relations Board (“NLRB” or the “Board”) continues to make...more

Spilman Thomas & Battle, PLLC

Discipline for Offensive or Abusive Conduct Towards Management - What is “Opprobrious” Enough for the NLRB?

Spilman Thomas & Battle, PLLC on

Employers must be cautious in disciplining employees for offensive or abusive conduct directed at management in the workplace in light of standards recently reestablished by the National Labor Relations Board (“NLRB”)....more

Proskauer - Labor Relations Update

“Fight On”; NLRB’s Regional Office Pursuing Unfair Labor Practice Charges on Behalf of College Athletes against USC, Pac-12, and...

Proskauer - Labor Relations Update on

On December 15, 2022, the Regional Director of the Los Angeles Region of the National Labor Relations Board (“NLRB” or “Board”) found “merit” in the unfair labor practice charges filed by football and men’s and women’s...more

Fisher Phillips

NLRB Reinstates Broad Property Access Rights for Third-Party Contractors

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The National Labor Relations Board just overruled a key Trump-era decision that had narrowed property access rights for off-duty contractor employees, eliminating a powerful tool for employers to combat unwanted solicitation...more

Snell & Wilmer

'Any Person' May File Unfair Labor Practice Charges With the NLRB

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In a recent decision, FDRLST Media, LLC v. National Labor Relations Board (No. 20-3434 & 3492 3rd Cir. May 20, 2022), the United States Court of Appeals for the Third Circuit (“Court”) denied enforcement of an order of the...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Seeks to Reinstate Radical Standard for Union Recognition and Restrict Employer Free Speech During Corporate...

Sheppard Mullin Richter & Hampton LLP on

In contravention of decades-old precedent, employers may be required to recognize unions without a secret ballot election, thereby denying employers the opportunity to protect the private choice of their employees. The...more

White and Williams LLP

NLRB Legal Chief Signals Joint Employer and Secondary Picketing As Issues To Address in 2022

White and Williams LLP on

Just in time for the holidays, the National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo (GC Abruzzo), has revealed her hand on two specific and oft-debated issues to be taken up by the Board in 2022. While...more

Holland & Knight LLP

Second Circuit Approves National Labor Relations Board Contract Coverage Test

Holland & Knight LLP on

In International Brotherhood of Electrical Workers, Local Union 43 v. National Labor Relations Board, the U.S. Court of Appeals for the Second Circuit became the first court to explicitly approve the National Labor Relations...more

Jackson Lewis P.C.

Judge Rejects AFL-CIO Effort To Invalidate Entire Election Rule

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The legal saga of the National Labor Relations Board’s (NLRB) new election rule took another turn on July 1 when a federal judge found the rule was a proper exercise of statutory interpretation.* The entire new rule was...more

Hinshaw & Culbertson LLP

Illinois Appellate Court Holds Union Appointed Lawyers Are Immune From Individual Malpractice Suits Filed By Members

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Zander v. Carlson, 2019 IL App (1st) 181868, November 21, 2019 - Union-appointed lawyers are immune from malpractice lawsuits filed by formerly represented union members, an Illinois appeals court has affirmed. The First...more

Proskauer - Labor Relations Update

D.C. Circuit Vacates NLRB Decision, Reinforcing Board’s Limited Jurisdiction over Religious Schools

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Similar to other disagreements between the NLRB and D.C. Circuit, a tension developed during the last several years regarding the appropriate standard to determine whether teachers at religious schools are covered by the NLRA...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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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 month...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Business Fights NLRB to the Eighth Circuit

Mitchell, Williams, Selig, Gates & Woodyard,... on

A recent Eighth Circuit Court of Appeals opinion should serve as a reminder to Arkansas businesses that the National Labor Relations Board (“NLRB”) (the federal governmental agency responsible for enforcing U.S. labor law in...more

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

The Practical NLRB Advisor - Summer 2019

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

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

Littler

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

Littler on

In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

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