NLRB Adopts Enhanced Remedies in Refusal to Bargain Case
The National Labor Relations Board has ordered an employer to bargain with a union for at least 16 hours per week and to submit a progress report to the NLRB Regional Director every 30 days. The case,...
View ArticleClearance No Longer Required for Some First Contract Remedies.
This week NLRB Acting General Counsel Lafe Solomon announced in Memorandum GC 11-06 that certain special remedies in first contract bargaining cases could be sought by Regional Directors without...
View ArticleNLRB Acting General Counsel Clarifies Duty to Provide Information in Bargaining
In a May 17 memorandum, NLRB Acting General Counsel Lafe Solomon furnished guidelines to Regional Directors concerning parties’ obligation to provide information in collective bargaining negotiations....
View ArticleContract Language Requires Continued Wage Increases Even After Expiration,...
The process of collective bargaining is filled with nuance and sublety. Unlike other business negotiations, there is often a dance that takes place as the parties attempt to reach an agreement. Given...
View ArticleSupreme Court Invalidates Recess Appointments To NLRB: Several Labor Board...
In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess....
View ArticleEbola and Potential Labor Relations Issues
The Ebola panic presently sweeping the U.S. raises a host of potential issues for employers. We recently provided guidance to help employers ensure employee safety while also complying with legal...
View ArticleBoard Reverses 32-Year-Old Rule Allowing Employers to Oust Mixed-Guard Unions
For thirty-two years, it has been a settled proposition that an employer may, upon the expiration of a contract, refuse to continue to negotiate with a “mixed-guard” union that represents its security...
View ArticleNLRB Majority, Management Rights Clause Must Be Specific To Enable Employer...
Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor...
View ArticleEmployer Claims Of Unprofitability And Competitive Disadvantage Enough To...
The end of another NLRB fiscal year is upon us. Today, September 30, marks the last date of the fiscal year. We can expect to see a number of decisions issue from the Board, and many determinations...
View ArticleA Return to Clarity: Traditional Joint Employer Test Reinstated
As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week. In a widely-predicted 3-2 decision (Miscimarra, Kaplan,...
View ArticleTurns Out Attempting To Insert New Term Into Collective Bargaining Agreement...
As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions making it pretty much impossible to change the law...
View ArticleAnother Obama-Board Decision Overturned: NLRB Reverts to Traditional...
On January 25, 2019, in a long-anticipated decision, the NLRB overturned another Obama-Board decision, FedEx Home Delivery, 361 NLRB 610 (2014), which modified the test for whether an individual is an...
View ArticleSupreme Court Invalidates Recess Appointments To NLRB: Several Labor Board...
In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess....
View ArticleEbola and Potential Labor Relations Issues
The Ebola panic presently sweeping the U.S. raises a host of potential issues for employers. We recently provided guidance to help employers ensure employee safety while also complying with legal...
View ArticleBoard Reverses 32-Year-Old Rule Allowing Employers to Oust Mixed-Guard Unions
For thirty-two years, it has been a settled proposition that an employer may, upon the expiration of a contract, refuse to continue to negotiate with a “mixed-guard” union that represents its security...
View ArticleNLRB Majority, Management Rights Clause Must Be Specific To Enable Employer...
Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor...
View ArticleEmployer Claims Of Unprofitability And Competitive Disadvantage Enough To...
The end of another NLRB fiscal year is upon us. Today, September 30, marks the last date of the fiscal year. We can expect to see a number of decisions issue from the Board, and many determinations...
View ArticleNLRB Plans to Revise Joint Employer Standard Once Again
On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the...
View ArticlePresident Biden Signs Executive Order Requiring Project Labor Agreements for...
On February 4, 2022, President Biden signed an Executive Order on Use of Project Labor Agreements for Federal Construction Projects (the “Order”), which requires the federal government to require a...
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