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NLRB Returns Bargaining Unit Determination Standards To Obama Era

National Labor Relations Board continues December precedent merry-go-round with return to Specialty Healthcare standards for bargaining unit determinations. This is the latest Board decision coming down before Member John Ring’s term ends.
United States Jennifer Abruzzo National Labor Relations Board Overwhelming Community Of Interest Structurals Inc Specialty Healthcare

Special Delivery: NLRB Returns to Obama-Era Standard to Limit Employer Ability to Change a Proposed Bargaining Unit | Proskauer - Labor Relations

The National Labor Relations Board continues its December precedent merry-go-round with a return to the Specialty Healthcare, 357 NLRB 934 (2011) (“Specialty Healthcare”) standards for...
United States Jennifer Abruzzo National Labor Relations Board Overwhelming Community Of Interest Structurals Inc Specialty Healthcare

A Direct Hit: NLRB Expands Make-Whole Remedies to Cover All "Direct or Foreseeable" Financial Harm | Proskauer - Labor Relations

In a decision, Thryv, Inc., 372 NLRB No. 22, that was foreshadowed by recent invitations for briefs and prosecutorial conduct by NLRB General Counsel Jennifer Abruzzo (see our prior...
Jennifer Abruzzo National Labor Relations Board Thryv Inc National Labor Relations Act Counsel Jennifer Abruzzo Chairman Mcferran

NLRB Rules Employers May Not Unilaterally Stop Union Dues Checkoff When Labor Contracts End

Today, the NLRB issued a decision in Valley Hospital Medical Center, Inc., on remand from United States Court of Appeals for the Ninth Circuit, finding that employers may not unilaterally stop union dues checkoff after a collective-bargaining agreement expires.
United States West Bank General West Bank Lauren Mcferran United States Court Valley Hospital Medical Center Inc
Source: nlrb.gov

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Did Federal Labor Law Just Abolish Your Organization's Dress Code or Uniform Policy? – Publications

The US National Labor Relations Board recently issued its first precedent-shifting decision under the Biden-Harris administration concerning employer dress codes and uniform policies. The Board, in a 3-2 split decision, held that employers presumptively violate the National Labor Relations Act by maintaining facially neutral dress codes or uniform policies.
National Labor Relations Board Stabilus Inc Us National Labor Relations Board Supreme Court National Labor Relations National Labor Relations Act

NLRB Majority: Employer May Continue "No Recording" Rule, Even After Unlawfully Applying it to Single Employee | Proskauer - Labor Relations

In AT&T Mobility LLC , 370 NLRB No. 121 (2021), the NLRB majority (Members Ring and Emanuel) held that the Employer could lawfully maintain a workplace policy prohibiting its workers from recording conversations with their co-workers, managers or third-parties, even though its application in one particular circumstance was found unlawful.  Notwithstanding the fact that the rule had been applied unlawfully, the Board majority concluded that the policy itself was lawful under Boeing Co., 365 N...
Lauren Mcferran It Mobility Board Holding Members Ring Lutheran Heritage Village Livonia Chairman Mcferran

NLRB: Employer's "Hard-Bargaining" Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith | Proskauer - Labor Relations

In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good faith.  Notably, the Board found that even when faced with extreme proposals, a union must still “test” the employer’s willingness to make concessions, and must itself contribute to bargaining by offering counterproposals. Factual Background In anticipation of the...
Union Security Health Services Inc Universal Health Services Management Rights Members Ring Chairman Mcferran

NLRB: Universal Health Services, Concessions & Good Faith Bargaining

Saturday, May 8, 2021 In  Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good faith.  Notably, the Board found that even when faced with extreme proposals, a union must still “test” the employer’s willingness to make concessions, and must itself contribute to bargaining by offering counterproposals. Factual...
Union Security Health Services Inc Universal Health Services Management Rights Members Ring Chairman Mcferran

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