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Unions Supreme Court of the United States Collective Bargaining

Proskauer - Labor Relations Update

Don’t Say That:  NLRB Overrules Forty-Year Precedent, Increasing Scrutiny on Employer Statements Regarding the Impact of...

On November 8, 2024, in Siren Retail Corp d/b/a Starbucks, the National Labor Relations Board (the “Board”) ruled that employers may violate the National Labor Relations Act (the “Act”) by making statements to workers...more

Littler

Littler Lightbulb: June Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Gould + Ratner LLP

Should the Standard for Obtaining Preliminary Injunctions Under the NLRA Be Easier? The U.S. Supreme Court Weighs In...

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In a 9-0 decision, the U.S. Supreme Court recently sided with Starbucks Corp. over the National Labor Relations Board (NLRB) in a decision that would severely delay the process for the NLRB to obtain preliminary injunctions...more

Kohrman Jackson & Krantz LLP

Supreme Court Sides with Starbucks in Long-Awaited Union Battle: Implications for Employers and Employees

In an eight-to-one decision this month, the Supreme Court ruled in favor of Starbucks in Starbucks Corp. v. McKinney, involving a longstanding legal battle against the National Labor Relations Board (NLRB). The NLRB was...more

McNees Wallace & Nurick LLC

Supreme Court Imposes Tighter Standard for NLRB to Obtain Injunctive Relief

The Supreme Court of the United States recently unanimously ruled against the National Labor Relations Board (“NLRB”) in Starbucks Corp. v. McKinney. The decision reversed the NLRB’s attempt to change the standard for...more

ArentFox Schiff

In Win for Employers, Supreme Court Adopts Stricter Test for NLRB Injunctions

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The US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, ruled that federal district courts must apply a traditional four-factor test when evaluating requests for injunctive relief brought by the National...more

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

Union (In)Security: SCOTUS Prohibits Public Sector Union Security and Missouri May Tip The Private Sector Scales

The decades-long battle over union security faces two important pivot points during the summer of 2018. On June 27, 2018, the Supreme Court of the United States handed unions a major defeat in the season’s first major fight. ...more

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

Fair Share Union Fees Are Not Fair: SCOTUS Rules Public Sector Non-Members Don’t Need to Pay

On June 27, 2018, the Supreme Court of the United States announced its decision in a case that tested the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by non-member public sector...more

Snell & Wilmer

The U.S. Supreme Court and the “Fate of the Union”

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Recently the Supreme Court heard oral arguments on a matter that could severely impact the status of unions. The dispute will determine whether nonunion employees working in the public sector should have to pay partial union...more

Amundsen Davis LLC

The Survival Of Abood v. Board Of Education, Part 4

Amundsen Davis LLC on

Just last week on February 26th, the United States Supreme Court heard arguments in Janus v. AFSCME, a case in the Court’s 2017 term with a potential of adversely impacting the viability and influence of public sector unions....more

Adler Pollock & Sheehan P.C.

The U.S. Supreme Court, Unions, And The Future Of Collective Bargaining In The Public Sector

The U.S. Supreme Court will soon hear a case that has the potential to rock the world of unions that represent public sector employees in Rhode Island and throughout the country. The Court will decide whether state...more

Franczek P.C.

Take Two: The Supreme Court Again to Decide the Constitutionality of Public Sector Union “Fair Share Fees”

Franczek P.C. on

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public...more

Ballard Spahr LLP

Supreme Court to Revisit Constitutional Challenge to Public Union Agency Fees

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The U.S. Supreme Court has granted certiorari in Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31 to decide whether it is constitutional to require public employees to pay agency fees (also known as "fair share"...more

Fisher Phillips

SCOTUS Appears Ready To Deal Devastating Blow To Public Unions

Fisher Phillips on

In a move that must have labor unions across the country trembling with fear, the Supreme Court today announced that it will once again take up the issue of whether public sector agency shop fee arrangements are prohibited by...more

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

SCOTUS to Consider "Fair Share" Union Dues by Non-Members in the Public Sector

On September 28, 2017, the Supreme Court of the United States announced that it will grant certiorari in a case that will test the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by...more

BakerHostetler

Public Sector Unions Dodge a Bullet on Non-Member Fees

BakerHostetler on

Public sector union officials and their allies will breathe easier as a challenge to the collection of “agency fees” from non-members was rejected by a deadlocked United States Supreme Court earlier this week. In a per curiam...more

Kelley Drye & Warren LLP

The NLRB Confuses with Ruling on Successorship Doctrine in Cases Where Worker Retention Laws Apply

When one company acquires another company with a unionized workforce, some key questions almost inevitably emerge: will the acquiring company be bound by the acquired company’s collective bargaining obligations and union...more

Littler

As Expected, the NLRB Eliminates the Employer's Right to Terminate Dues Checkoff Upon Expiration of a CBA

Littler on

On August 27, 2015, the National Labor Relations Board, in Lincoln Lutheran of Racine, 362 NLRB No. 188, overturned 53 years of precedent, holding that, like most other terms and conditions of employment, an employer’s...more

BakerHostetler

Supreme Court to Hear Challenge to Public Sector Union Fees for Non-Members

BakerHostetler on

On June 30, the United States Supreme Court agreed to hear a long-awaited challenge to the practice of allowing unions to collect fees from public sector employees who do not wish to be union members. In the more than 20...more

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

What Will Be the Fate of Your (Facially Neutral) Light-Duty Policies After Young v. UPS?

With its forthcoming decision in Young v. United Parcel Service, Inc., the Supreme Court of the United States is expected to bring some much-needed clarity to the issue of what the Pregnancy Discrimination Act (PDA), 42...more

Smith Anderson

U.S. Supreme Court Describes “Ordinary Principles of Contract Law”

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In a contract governed by federal law, does “The End” really mean “The End”? Some federal courts have said “no,” but the U.S. Supreme Court has just said “yes.” Most contract cases in federal court involve the...more

Cozen O'Connor

Decision Alert: US Supreme Court Potentially Shifts the Balance in Healthcare Employee Benefits Litigation

Cozen O'Connor on

Justice Clarence Thomas and a unanimous US Supreme Court decided to vacate a Sixth Circuit decision and hold that the federal courts cannot assume from silence in a union’s collective bargain agreement that retiree group...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides M & G Polymers USA, LLC v. Tackett

On January 26, 2015, the U.S. Supreme Court decided M & G Polymers USA, LLC v. Tackett, No. 13-1010, holding that ordinary principles of contract law govern the interpretation of pension and insurance provisions of...more

Littler

Supreme Court Invalidates Union Fee Requirements Imposed on Homecare Employees

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On June 30, 2014, the U.S. Supreme Court rejected Illinois law that required homecare providers for Medicaid recipients to pay fees to a union. In Harris v. Quinn, the Court held that compulsory union agency fees imposed on...more

FordHarrison

Health Care Alert: Supreme Court Limits Agency Fees to Full-Fledged Public Employees

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In a decision that could have a significant financial impact on many labor unions, the U.S. Supreme Court has held that personal care providers, who are considered state employees only for limited collective bargaining...more

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