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December 22, 2022
Democrat-appointed majority members of National Labor Relations Board NLRB altered labor law landscape for employers issuing flurry of high visibility decisions. Easier for unions to organize employees expose employers to categories of damages not available for labor law violations.
December 16, 2022
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.
December 16, 2022
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...
December 15, 2022
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...
October 10, 2022
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.
September 6, 2022
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.
September 2, 2022
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....
May 19, 2021
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...
May 11, 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 Background In anticipation of the...
May 8, 2021
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...