William J. Kishman

Blogs: Employment Law Worldview, Triage Health Law

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NLRB Signals It May Claw Back Scabby The Rat (US)

By William J. Kishman on May 22, 2019

One of labor unions’ key tactics relies prominently on balloon animals. Since the late 1980s, unions have used large inflatable animals – such as the infamous Scabby the Rat – to pressure employers and advertise labor disputes without running afoul of certain legal obligations. As we recently discussed on this blog, however, one recent court decision created questions about when unions may lawfully display Scabby, his pal Fat Cat, and any other inflatable animal buddies…

Employment Law Worldview

M&A News: Recent Case Provides Important Lessons For Buyers Acquiring Unionized Businesses (US)

By William J. Kishman on April 9, 2019

When organizations are seeking to expand their operations, they often will find interesting targets who have union-represented employees. A union’s presence will create additional compliance obligations but contrary to common misconceptions, union-related obligations are not necessarily unmanageable.…

Triage Health Law

Recent Case Provides Important Lessons For Buyers Acquiring Unionized Businesses

By William J. Kishman on April 8, 2019

When healthcare entities are seeking to expand their operations, they often will find interesting targets who have union-represented employees. A union’s presence will create additional compliance obligations but, contrary to common misconceptions, union-related obligations are not necessarily unmanageable. In a recent case, which arose after new owners took over a skilled nursing home facility, the National Labor Relations Board reiterated the standards that will determine whether a buyer must recognize the seller’s former labor union,…

Employment Law Worldview

New Handbook Guidance Shows How the NLRB Views Common Employment Policies for Union and Non-Union Employers (US)

By William J. Kishman on March 21, 2019

The National Labor Relations Board has once again clarified whether certain types of employee handbook policies will violate federal labor law. Employers should take note of these two new guidance memoranda, as they can help employers maximize the protection they afford to their confidential information, brands, equipment, and other important matters.…

Employment Law Worldview

NLRB Reinstates Prior Test Determining Whether Workers Are Independent Contractors (US)

By William J. Kishman on January 28, 2019

On January 25, 2019, the National Labor Relations Board returned in yet another area to a standard that existed before the “Obama Board.” In SuperShuttle DFW, Inc., the Board vacated the test it had adopted five years ago to determine whether a worker is an independent contractor or an employee for the purposes of the National Labor Relations Act and, thus, whether the worker receives the rights and protections the Act provides employees. By…

Employment Law Worldview

Unionized Employers: NLRB Removes Key Hurdles for Deferring ULP Charges to Arbitration (US)

By William J. Kishman on January 3, 2019

The National Labor Relations Board recently issued more good news for unionized employers. In a guidance memorandum last week, the Board’s General Counsel announced an updated approach that will help employers avoid litigating unfair labor practice charges filed by unions or union-represented employees who have filed grievances regarding the same underlying dispute.…

Employment Law Worldview

NLRB Clarifies How Employers May Respond When Unions Request Information About Tax Cut Savings and Other Matters (US)

By William J. Kishman on December 7, 2018

Earlier this week, the National Labor Relations Board’s top prosecutor clarified how he views several key issues that arise when unions request information from employers. Board General Counsel Peter Robb confirmed that his office will not require employers to automatically inform unions about the amounts the employers have saved due to the recent federal tax cut. The General Counsel also indicated, once again, that he views the duty to furnish information in a more evenhanded…

Employment Law Worldview

The National Labor Relations Board Is Signaling A New Approach To Failure-To-Bargain Charges (US)

By William J. Kishman on October 17, 2018

The National Labor Relations Board has recently signaled another key change for unionized employers. The Board may be on the verge of significantly expanding employers’ key defense to alleged failure-to-bargain unfair labor practice charges. Historically, the Board has made it particularly difficult for a unionized employer to adjust or update its operations in a way that affects employees. At default, when a union represents a group of employees, their employer must bargain with that union…

Employment Law Worldview

Ensure Your Company’s Public Relations Response Plan Follows These Key Employment Law Principles (US)

By William J. Kishman & Dylan J. Yépez on September 5, 2018

When a public relations issue strikes, it can be difficult to find time to implement new procedures or educate employees on new legal concepts. This is particularly true where social media can trigger a public relations crisis almost instantaneously. Accordingly, an organization should develop a public relations response plan before it needs one.…

Employment Law Worldview

NLRB Clarifies Key Developing Issues for Union and Non-Union Employers (US)

By William J. Kishman on August 28, 2018

As most union and non-union employers know, the National Labor Relations Board has updated its standards in several respects over the past year. For some of these updates, the Board has not comprehensively clarified how far they extend or when they apply. In an effort to help clarify employers’ obligations, the Board’s top prosecutor, General Counsel Peter Robb, recently issued several “advice memoranda” explaining how his office views certain developing issues. Although these memos are…

William J. Kishman

NLRB Signals It May Claw Back Scabby The Rat (US)

M&A News: Recent Case Provides Important Lessons For Buyers Acquiring Unionized Businesses (US)

Recent Case Provides Important Lessons For Buyers Acquiring Unionized Businesses

New Handbook Guidance Shows How the NLRB Views Common Employment Policies for Union and Non-Union Employers (US)

NLRB Reinstates Prior Test Determining Whether Workers Are Independent Contractors (US)

Unionized Employers: NLRB Removes Key Hurdles for Deferring ULP Charges to Arbitration (US)

NLRB Clarifies How Employers May Respond When Unions Request Information About Tax Cut Savings and Other Matters (US)

The National Labor Relations Board Is Signaling A New Approach To Failure-To-Bargain Charges (US)

Ensure Your Company’s Public Relations Response Plan Follows These Key Employment Law Principles (US)

NLRB Clarifies Key Developing Issues for Union and Non-Union Employers (US)

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