Employer Labor Relations

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NLRB Issues Much Anticipated Joint Employer Rule Returning to its ”Substantial Direct and Immediate Control” Test and Providing Welcomed Clarity for Contracting Employers

March 10, 2020

By John Telford On February 25, 2020, the National Labor Relations Board (the Board”) issued its final rule setting forth the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). The new rule effectively overturned the overly-broad joint employer standard announced in the NLRB’s 2015 Browning-Ferris decision, where the Board ruled that joint-employer status could be found based solely on an entity’s indirect and/or reserved-but-unexercised control over the terms and conditions of…

Employer Labor Relations

Bureau of Labor Statistics Reports More Strikes in 2019

By Seyfarth Shaw LLP

February 13, 2020

By: Marc R. Jacobs, Esq. Seyfarth Synopsis: As the BLS reported more strikes in 2019, employers going into bargaining in 2020 should really consider preparing for the possibility of a work stoppage. The federal Bureau of Labor Statistics issued its annual report of “major work stoppages” in 2019 and the data shows there were 25 “large strikes” in 2019 involving approximately 425,000 workers. This total is up from 20 in 2018, although the number of…

Employer Labor Relations

NLRB Issues a Flurry of Decisions, Revealing Several Anticipated Gifts for Employers Just in Time for the Holidays

By Seyfarth Shaw LLP

December 23, 2019

By: John Telford and Rachel Reed Seyfarth Synopsis: The National Labor Relations Board, pushed out a number of noteworthy decisions early this week. The Board’s holiday rush coincided with the departure of its sole Democratic member, Lauren McFerran, who ended her term on December 16, 2019. The National Labor Relations Board, pushed out a number of noteworthy decisions last week. The Board’s holiday rush coincided with the departure of its sole Democratic member, Lauren McFerran,…

Employer Labor Relations

First Circuit Rules That Private Equity Funds Are Not Responsible For Portfolio Company Withdrawal Liability

By Seyfarth Shaw LLP

November 27, 2019

By Bryan M. O’Keefe Seyfarth Synopsis: In a long-awaited decision with significant impact for the private equity industry, in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund, the United States Court of Appeals for the First Circuit held that two Sun Capital private equity investment funds did not create an implied partnership-in-fact in their purchase and management of a portfolio company. As a result, pension fund withdrawal liability incurred…

Employer Labor Relations

What A Difference A Board Make – Some Hits From the Current NLRB That Are Music To Employer’s Ears

By Seyfarth Shaw LLP

November 19, 2019

Seyfarth Synopsis: The National Labor Relations Board has been making a lot of noise since the current administration took control. From reversing draconian restrictions on workplace civility rules to restoring employer control over nonemployee union activity on private property, the noise should be music to employers’ ears. As 2020 quickly approaches, below we revisit some of the greatest hits. By Nick Geannacopulos and Timothy M. Hoppe It started like a small California wave, and now, after…

Employer Labor Relations

Labor Unions are Increasingly Focused on the Future of Work

By Seyfarth Shaw LLP

November 12, 2019

By Ashley K. Laken and Kyllan B. Kershaw Seyfarth Synopsis: As the future of work continues to take shape, labor unions are taking notice and adjusting their strategies and their focus in response. To the extent they haven’t already, companies both large and small should take heed and consider adjusting their employee and labor relations approaches accordingly. Just over two years ago, the AFL-CIO formed its own Commission on the Future of Work and…

Employer Labor Relations

NLRB Invalidates Mandatory Arbitration Agreement That Contains No Exceptions For Filing Administrative Charges

By Seyfarth Shaw LLP

October 16, 2019

Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges. By Samuel Rubinstein[1] and Howard M. Wexler In June 2018, the Supreme Court held in Epic Systems that employers may require employees, as a condition of employment, to enter into arbitration agreements that contain waivers of the ability to participate in a class or collective action under various…

Employer Labor Relations

NLRB Adopts “Contract Coverage” Standard, Making it Easier for Employers to Make Unilateral Changes Under their Collective Bargaining Agreements

By Seyfarth Shaw LLP

September 11, 2019

By: Molly Clayton Mooney, Esq. Seyfarth Synopsis: On September 10, in a 3-1 decision, the NLRB in MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), adopted the “contract coverage” standard in replacement for its previous “clear and unmistakable waiver” standard for determining when a collective bargaining agreement allows an employer to take unilateral action. This decision makes it easier for employers to show that their collective bargaining agreements allows them to make unilateral…

Employer Labor Relations

NLRB ISSUES NOTICES OF PROPOSED RULE MAKING TO CODIFY CERTAIN UNION ELECTION PROCEDURES

By Seyfarth Shaw LLP

August 20, 2019

Authors: Howard M. Wexler and Samuel Sverdlov Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the current election blocking charge policy to a vote-and-impound procedure; (2) a reversion to the rule of Dana Corp. with respect to voluntary recognition agreements; and (3) a modification of the evidentiary requirements for §…

Employer Labor Relations

Board Invokes Sensibility When Determining When An Employer Can Withdraw Recognition From A Union Upon Expiration Of A CBA

By Seyfarth Shaw LLP

July 25, 2019

By Jason Silver and Glenn Smith Seyfarth Synopsis: In a 3-1 decision, the National Labor Relations Board (“Board”) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), established a new standard for determining whether a union has reacquired majority status after an employer announces its anticipatory withdrawal of recognition based on evidence indicating that the union has lost majority support. The Board’s new framework requires a secret ballot election be conducted when both…

Employer Labor Relations

NLRB Issues Much Anticipated Joint Employer Rule Returning to its ”Substantial Direct and Immediate Control” Test and Providing Welcomed Clarity for Contracting Employers

Bureau of Labor Statistics Reports More Strikes in 2019

NLRB Issues a Flurry of Decisions, Revealing Several Anticipated Gifts for Employers Just in Time for the Holidays

First Circuit Rules That Private Equity Funds Are Not Responsible For Portfolio Company Withdrawal Liability

What A Difference A Board Make – Some Hits From the Current NLRB That Are Music To Employer’s Ears

Labor Unions are Increasingly Focused on the Future of Work

NLRB Invalidates Mandatory Arbitration Agreement That Contains No Exceptions For Filing Administrative Charges

NLRB Adopts “Contract Coverage” Standard, Making it Easier for Employers to Make Unilateral Changes Under their Collective Bargaining Agreements

NLRB ISSUES NOTICES OF PROPOSED RULE MAKING TO CODIFY CERTAIN UNION ELECTION PROCEDURES

Board Invokes Sensibility When Determining When An Employer Can Withdraw Recognition From A Union Upon Expiration Of A CBA

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