News & Analysis as of

Unfair Labor Practices Employer Liability Issues Union Representatives

Morgan Lewis

NLRB Restrains Employer Speech, Finds Captive-Audience Meetings Unlawful

Morgan Lewis on

A split National Labor Relations Board recently issued its decision in Amazon.com Services LLC, ruling an employer violates the National Labor Relations Act by mandating employees attend a meeting in which the employer...more

Fisher Phillips

The End of Mandatory Captive Audience Meetings? 5 Tips for Adapting to the NLRB’s Latest Departure from Decades of Past Precedent

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The National Labor Relations Board just banned mandatory employee meetings for purposes of discussing the subject of union representation – so-called “captive audience” meetings – and placed new restrictions on an employer’s...more

Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

FordHarrison

Don’t Let Unions Sink Their Teeth into Your Property Rights

FordHarrison on

July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to...more

Morgan Lewis

NLRB Adopts Final Regulations to Restrict Employee Choice on Union Representation

Morgan Lewis on

The National Labor Relations Board (NLRB or Board) on August 1 published a new rule addressing three distinct situations affecting employees’ rights to decide whether they want union representation (New Rule). The New Rule...more

Littler

NLRB Rescinds 2020 “Election Protection Rule”

Littler on

As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more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

Robinson+Cole Construction Law Zone

Construction Employers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including construction employers, without a secret ballot election.  Initially, it is important to understand that this new...more

Burr & Forman

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Epstein Becker & Green

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Ward and Smith, P.A.

Labor Unions and "Protected Concerted Activity:" What Private Employers – Unionized or NOT – Need to Know in 2022

Ward and Smith, P.A. on

Employers, it seems, can't catch a break these days. They build businesses. They take risks. They face increasing supply costs, supply-chain problems, interest rates, and staff-shortages...more

Littler

NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns

Littler on

On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more

Perkins Coie

NLRB GC Abruzzo Signals Significant Changes for Employers in Cemex Brief

Perkins Coie on

The general counsel for the National Labor Relations Board (the Board), Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, LLC, 28-CA-230115 et al.,...more

Proskauer - Labor Relations Update

D.C. Circuit Court Rules NLRB’s Access to Property Test is Arbitrary

General Counsel of the National Labor Relations Board, Jennifer Abruzzo, is already on her way to accomplishing one of the objectives she laid out in her recent Advice-Memorandum 21-04. In the GC’s memo, she identified a...more

Proskauer - Labor Relations Update

Union’s Failure to Provide Factual Reasons as to Why It Needed Certain Information Privileged Employer to Deny Request, NLRB Rules

In prior posts, we’ve discussed how information requests in the context of labor relations can be deceptively complex to comply with for employers. We’ve seen how an employer’s assertion of confidentiality, standing alone, is...more

Epstein Becker & Green

NLRB General Counsel Signals Major Shift on Neutrality Agreements - Employment Law This Week® - Trending News

Epstein Becker & Green on

A Trending News interview from Employment Law This Week®, featuring attorney Adam Abrahms of Epstein Becker Green: The General Counsel for the National Labor Relations Board (NLRB) has signaled what could be a major shift in...more

FordHarrison

Don’t Let Your Business Get Whacked Like Jimmy Hoffa in The Irishman

FordHarrison on

After watching The Irishman on Netflix, I’m left with two overriding thoughts: One, my God, that’s a long movie (like, thank God it’s on Netflix so I can hit the pause button, get a snack, and try to regain the feeling in my...more

Bricker Graydon LLP

NLRB rules employer can remove labor organizers from its parking lot

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The National Labor Relations Board (NLRB) recently issued another decision benefitting employers by holding that an employer does not violate the National Labor Relations Act (NLRA) when it removes from the employer’s parking...more

Proskauer - Labor Relations Update

NLRB Continues to Aid Workers in Ousting Unions

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

Sheppard Mullin Richter & Hampton LLP

AB 1291 Forces California Cannabis Companies To Sign “Labor Peace Agreements” With Unions, But Statute May be Unconstitutional

On October 12, 2019, Governor Newsom signed Assembly Bill 1291 (“AB 1291”) into law, which requires companies to sign a so-called “labor peace” agreement with a union or risk losing their cannabis license; thereby,...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties...

Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more

Ballard Spahr LLP

Round 1: NLRB Issues First Set of Proposed Rule Changes to Election Procedures

Ballard Spahr LLP on

On August 12, 2019, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rule Making, which seeks to amend the NLRB’s current regulations regarding union election procedures. The proposed rules are the first...more

Franczek P.C.

The First Rollout of Proposed Amendments to the NLRB’s Election Rules

Franczek P.C. on

On August 9, 2019, the National Labor Relations Board (NLRB) issued the first of its planned series of highly anticipated proposed amendments to its union election procedures. These proposed amendments follow the NLRB’s...more

Bricker Graydon LLP

NLRB makes it easier for employers to anticipatorily withdraw recognition

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On July 3, 2019, the National Labor Relations Board (NLRB) modified the legal framework in which an employer can anticipatorily withdraw its recognition from the union. Under well-established NLRB precedent, an employer could...more

Seyfarth Shaw LLP

Board Invokes Sensibility When Determining When An Employer Can Withdraw Recognition From A Union Upon Expiration Of A CBA

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Seyfarth Synopsis: In a 3-1 decision, the National Labor Relations Board (“Board”) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), established a new standard for determining whether a union has reacquired majority...more

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