News & Analysis as of

Section 7 Unions Collective Bargaining

BakerHostetler

The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

BakerHostetler on

The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more

Paul Hastings LLP

NLRB Elevates Union Authorization Cards Over Secret-Ballot Elections to Compel Employers to Recognize Unions

Paul Hastings LLP on

For more than 50 years, the National Labor Relations Board had held — with Supreme Court approval — that when a union claimed to represent an employer’s workforce, the employer could refuse to recognize the union, leaving the...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

Patterson Belknap Webb & Tyler LLP

The National Labor Relations Board Tightens Restrictions on Workplace Conduct Policies

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

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

The Practical NLRB Advisor: Spring 2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2023 issue of the Practical NLRB Advisor. In this edition of the Advisor, we take a deeper dive into the...more

Benesch

NLRB Expands Remedies to Address Repeat Offenders

Benesch on

The National Labor Relations Board (the “Board”) has traditionally been limited in ways to remedy violations of federal labor law. Often, the Board is constrained to ordering “make-whole” relief like backpay and employee...more

K&L Gates LLP

Student Athletes No More, NLRB Reinstates Scope of NLRA Section 7 to Include "Players at Academic Institutions"

K&L Gates LLP on

On 8 February 2022, the National College Players Association, an advocacy group for college athletes, filed an unfair labor practice charge with the National Labor Relations Board (NLRB), accusing the National Collegiate...more

Akerman LLP - HR Defense

Prepare Now for Anticipated Labor Law Changes in 2022

Akerman LLP - HR Defense on

General Counsel Jennifer Abruzzo of the National Labor Relations Board continues to make waves as she shares with employers, unions, and workers alike, her views on hot button issues at the NLRB....more

BakerHostetler

[Podcast] Vigorous Enforcement Ahead: Understanding and Preparing for the NLRB's Expanded View of Protected Concerted Activity

BakerHostetler on

Jeremy Hart, an attorney in BakerHostetler’s Labor and Employment Group, discusses what employers need to know about the National Labor Relations Board’s expanded view of protected concerted activity. How does the NLRB’s...more

Proskauer - Labor Relations Update

Tesla and Musk Get a Shock from the NLRB – Tesla CEO Ordered to Delete Union Tweet and Eliminate Overly Broad Confidentiality...

In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling...more

BakerHostetler

[Podcast] NLRB Decisions on the Chopping Block: Expected Changes from the Board that May Affect Employers

BakerHostetler on

Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more

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

Labor Relations During a Pandemic: Employer Duties Under the NLRA in the Wake of COVID-19

The COVID-19 outbreak implicates many different laws for employers to consider as they develop and refine their responses to rapidly changing circumstances. The National Labor Relations Act (NLRA) is just one of these laws....more

Dechert LLP

National Labor Relations Board Finishes 2019 with a Flurry of Significant Decisions

Dechert LLP on

In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions were rulings narrowing...more

White and Williams LLP

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

White and Williams LLP on

Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more

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

Third Thursdays with Ruthie: Are College Professors and Other Professional Employees Covered By the NLRA?

The issue of whether faculty at private colleges and universities are entitled to the protections of the National Labor Relations Act is still in flux—and cases on this topic can provide useful insight for other industries as...more

Baker Donelson

Post Boeing NLRB Guidance on Employee Handbook Rules Bring Common Sense and Flexibility to Employer Work Rules

Baker Donelson on

On June 6, 2018, the NLRB's Office of General Counsel issued its Guidance Memorandum on Handbook Rules Post-Boeing. This guidance arose out of the NLRB's decision in The Boeing Co., 365 NLRB No. 154 (2017) which overruled its...more

Proskauer - Labor Relations Update

NLRB Rules Employer’s Handbook Statement That Benefit Available To “Non-Union Employees” Violates Act

During the last decade, a number of NLRB decisions faulted employers for written policies that were considered to be overbroad in violation of the National Labor Relations Act. These rulings sprang largely from the NLRB’s...more

Proskauer - Labor Relations Update

NLRB Rejects “Constructive Denial of Transfer” and “Threat” Theories of Unfair Labor Practice Liability

As we hurtle toward Labor Day, and the probable onslaught of decisions, and as NLRB Member Pearce’s tenure ends on August 27, the Board has been issuing a steady stream of cases. Many of these appear to be garden variety type...more

McGuireWoods LLP

NLRB Overturns Three Obama-Era Decisions on Labor-Management Relations

McGuireWoods LLP on

In the closing days of outgoing Chairman Phil Miscimarra’s term, the National Labor Relations Board issued three major decisions reversing field on significant issues of labor-management relations and requested public comment...more

Dickinson Wright

The Way We Were: The NLRB’s Time Machine Resets the Clock on Employer Work Rules and Joint Employer Status

Dickinson Wright on

With the end of 2017 right around the corner, the National Labor Relations Board (NLRB or Board) issued a duo of pro-employer decisions that continue to chip away at and erase its jurisprudence during the Obama...more

Kilpatrick

The NLRB Adopts New Standards for Analyzing Workplace Rules and Determining Joint-Employer Status

Kilpatrick on

The recent addition to the National Labor Relations Board (the “Board”) of two new members appointed by President Trump has altered the balance of power at that agency. This change was reflected on December 14, 2017, when the...more

Jackson Lewis P.C.

Unwrapping Late Year NLRB Decisions – Next Steps For Your Organization To Consider

Jackson Lewis P.C. on

Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more

Proskauer - Labor Relations Update

NLRB GC Boldly Defines Direction of Board Prosecution in New GC Memo

The new NLRB General Counsel Peter Robb has been fast at work. A short two weeks after being sworn in on November 17, 2017, the new General Counsel issued a memorandum making clear his intention to re-examine much of the...more

Proskauer - Labor Relations Update

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more

Fisher Phillips

Student-Employee Unions: Should Universities Expect a Double U-Turn?

Fisher Phillips on

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...more

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