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”
Management & Labor Report
The Management & Labor Report, published by Fox Rothschild LLP, focuses on developments in labor and employment law, particularly issues related to union activities, National Labor Relations Board (NLRB) decisions, and collective bargaining. It covers topics such as union organizing efforts, labor board appointments and their impact on labor policy, legal challenges involving employee status and unionization in various sectors including higher education and manufacturing, and significant court rulings affecting labor relations. The blog also addresses employer strategies in response to labor disputes, evolving interpretations of labor laws, and regulatory priorities impacting non-compete agreements and employee rights under the National Labor Relations Act.
Latest from Management & Labor Report - Page 4
The NLRB is Resuming Elections on April 6, 2020 Without Providing Guidance on Voter Safety
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…
The Coronavirus and Unionized Employees: Issues Options and Strategies
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…
NLRB Corrects Defect in Withdrawal of Union Recognition Doctrine
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…
NLRB Delays Implementation of Election Rule Changes
NLRB modifies rule concerning workplace 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:…
NLRB Makes Significant Changes to “Quickie” Election Rule
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,…
NLRB may revisit the limits of profane employee speech protected by federal labor law
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:
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NLRB Rejects Clause Mandating Arbitration of All Disputes
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…
Scabby the Rat memo signals possible change to NLRB precedent on secondary activity
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…