Labor Law - General

The National Labor Relations Board (NLRB) has made it easier for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations Act (NLRA).

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 long-term employee for egregious strike-related misconduct. As the second f

According to a recent Gallup poll, almost two-thirds of Americans approve of labor unions.

On September 5, 2019, over the dissent of one member, a majority of the National Labor Relations Board invited briefing to aid the Board in reconsidering the standards for determining whether “profane outbursts and offensive statements of a racial or sexual nature, made in the course of otherwise pr

The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may prohibit the off-duty employees of its on-site contractors (or licensees) from accessing its private property to engage in Section 7 activity under the National Labor Relations Act (NLRA), unless (1) the off-duty

It does not violate the National Labor Relations Act (NLRA) if an employer mistakenly misclassifies its employees as independent contractors, the National Labor Relations Board (NLRB) has decided. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29, 2019).

On Wednesday, August 14, the National Labor Relations Board (NLRB) ruled that an employer can add a class action waiver to an existing employment agreement containing a mandatory arbitration provision. While this result was not surprising in light of the Supreme Court’s 2018 decision in Epic Systems

The National Labor Relations Board (NLRB) General Counsel’s Division of Advice has found an employer did not violate the National Labor Relations Act (NLRA) when it fired an employee based on the mistaken belief that she divulged confidential wage information. Centura, 27-CA-234214 (Adv. Mem. June 2

Following its “epic” loss last year on the issue of whether class action waiver provisions in employment arbitration agreements violate Section 7 of the NLRA, the NLRB has issued a new decision taking a much more employer-friendly view of mandatory arbitration agreements.

On August 9, 2019, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking (NPRM) proposing three amendments to the representation election regulations contained in 29 CFR Part 103. The first proposed amendment would modify the Board’s blocking charge policy by establish

The National Labor Relations Board has issued a proposed rule to modify three aspects of its election procedures. According to the board’s announcement, the Notice of Proposed Rulemaking (NPRM), which will be published in the Federal Register on Monday and be subject to a comment period, would affec

In an effort to save pension plans from insolvency, the U.S. House of Representatives has passed the Rehabilitation for Multiemployer Pensions Act of 2019 (H.R. 397).

Executive Summary: On July 26, 2019, the National Mediation Board (NMB) announced that it is amending its regulations to provide a straightforward procedure for the decertification of labor unions. The Board articulates this change is necessary to fulfill the statutory mission of the Railway Labor A

An employer violated the National Labor Relations Act (NLRA) by maintaining a mandatory arbitration policy making arbitration the exclusive forum for resolving all employment claims because it denied employees access to the National Labor Relations Board (NLRB), the Board has ruled. Prime Healthcare

In a 3-1 decision, the National Labor Relations Board (Board) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), adopted a new standard that applies to an employer’s anticipatory withdrawal of union recognition, and set forth a new framework for determining whether a union has reacquired maj

UberX and UberBLACK drivers are independent contractors, not employees, of Uber, the General Counsel (GC) of the National Labor Relations Board (NLRB) has determined in a recently released Advice Memorandum.

Arbitration agreements that could be reasonably construed to prohibit filing of unfair labor practice charges with the National Labor Relations Board (NLRB) are unlawful under the National Labor Relations Act (NLRA), the NLRB has held. Prime Healthcare Paradise Valley, LLC, 368 NLRB No. 10 (June 18,

In a recent decision, AIM Aerospace Sumner, Inc.,1 the National Labor Relations Board (Board) held that an employer could rely on a decertification petition to withdraw recognition from a union, even though the employer committed an unfair labor practice by promoting the employee responsible for the

In this issue Brian in Brief NLRB Rulemaking: “Joint Employer” and Beyond Democrats Introduce Sweeping Pro-Union Legislation Taking the Air Out of the Rat Balloon NLRB Clarifies Union Obligations Other NLRB and Labor Developments

The National Labor Relations Board (NLRB) has announced its rulemaking agenda for the coming months. The Board stated that it plans to engage in additional rulemaking in the following areas: 1) representation case procedures (governing union elections); 2) standards for “blocking charges” (governing