On April 29, 2020, the Ninth Circuit Court of Appeals affirmed a National Labor Relations Board decision where an employer was lawfully permitted to refuse a union’s request for financial information because it appropriately clarified its previous “inability to pay”
Continue Reading Federal Court Affirms NLRB Ruling Limiting a Union’s Right to Employer’s Financial Information
By announcement on April 1, 2020, the NLRB resumed representation elections beginning on April 6, 2020. Previously, the NLRB had suspended elections until April 3, 2020. The details on elections will be decided on a case-by-case basis by the Board’s
Continue Reading The NLRB is Resuming Elections on April 6, 2020 Without Providing Guidance on Voter Safety
Private sector employers with unionized employees and even non-union employees must be especially careful when addressing certain workforce concerns connected with the coronavirus outbreak. Below, we will address common issues that may arise in union facilities during this crisis.
Analyze the
Continue Reading The Coronavirus and Unionized Employees: Issues Options and Strategies
Employers have been privileged to withdraw recognition of a union when presented with objective evidence that the union has lost majority support of employees, but have faced significant legal risks in doing so under NLRB precedent. Some of this legal
Continue Reading NLRB Corrects Defect in Withdrawal of Union Recognition Doctrine
Due to the coronavirus outbreak, the NLRB has delayed its roll out of amendments to the “quickie” election rules, which we discussed in a previous post. Instead of becoming effective on April 16, 2020, the rule changes will now
Continue Reading NLRB Delays Implementation of Election Rule Changes
For many years, the NLRB has required evidence of a “clear and unmistakable” waiver by unions of the duty to bargain with management over workplace changes. Now, after prodding from some Courts of Appeals, the NLRB has changed its standard:
Continue Reading NLRB modifies rule concerning workplace changes
The National Labor Relations Board recently scaled back the 2015 “quickie” election rule, which had sped up the timelines for conducting union elections. Speeding up the process provided an advantage to unions by setting short deadlines that often ambushed employers,
Continue Reading NLRB Makes Significant Changes to “Quickie” Election Rule
While it may come as a surprise, the NLRB has long held that employees are sometimes entitled to use profane language while engaging in labor activities. In recent years, the Board has found that employee speech was protected where:
The National Labor Relations Board recently invalidated an arbitration agreement that would require employees to arbitrate all “all claims or controversies” with their employer, holding that such a provision would unlawfully restrict employees’ access to the Board to adjudicate labor
Continue Reading NLRB Rejects Clause Mandating Arbitration of All Disputes
Federal labor law protects neutral (secondary) employers from becoming entangled in labor disputes between another (primary) employer and unions. For most of the past decade, however, the NLRB has allowed unions to set up various displays – including an inflatable
Continue Reading Scabby the Rat memo signals possible change to NLRB precedent on secondary activity
