The Bargaining Table

Legal Perspectives on Managing Unionized Workforces

Blog Authors

Todd Dawson

Carlos Torrejon

Christian White

Latest from The Bargaining Table

The Bargaining Table

A Hard Rain About to Fall? House Committee Details Proposed Changes to Federal Labor Law

By Todd Dawson & Christian White

September 14, 2021

https-laborrelations-bakerhostetlerblogs-com-wp-content-uploads-sites-36-2021-09-rain3-300x151-jpg

If you hear a clinking noise in the distance, that may be the sound of organized labor hoisting its mugs to toast the Democratic majority in Congress. The House of Representatives’ Committee on Education and Labor announced a number of proposed changes last week to the National Labor Relations Act, which House and Senate Democrats will attempt to pass along party lines as part of a $3.5 trillion infrastructure package. The proposed changes include (spoiler…

The Bargaining Table

BREAKING: OSHA’s Vaccine Mandate and Unionized Employer Bargaining Obligations

By Todd Dawson & Christian White

September 10, 2021

https-www-bakerlaborrelationsblog-com-wp-content-uploads-sites-36-2021-09-covid-5-300x158-jpg

President Biden has just announced that he is tasking OSHA with implementing a new emergency rule mandating that employers with at least 100 employees either require their workforce to be vaccinated or require unvaccinated employees to produce a negative COVID-19 test every week. Details are still very scant, but it does not appear that the rule will require employers to actually administer the tests. Instead, the onus will be on unvaccinated employees to get tested…

The Bargaining Table

Dancing to a Different Tune: DC Circuit Gives Labor a Win by Striking Down Trump-Era Property Access Standard

By Todd Dawson & Christian White

September 9, 2021

https-laborrelations-bakerhostetlerblogs-com-wp-content-uploads-sites-36-2021-09-reset-button-547x410-1-300x225-jpg

(NLRB) Trump-era test for determining when a property owner may exclude a contractor’s off-duty employees from its premises. Local 23, Am. Fed’n of Musicians v. N.L.R.B., No. 20-1010, 2021 WL 3869824 (D.C. Cir. Aug. 31, 2021). On Aug. 31, the United States Court of Appeals for the District of Columbia Circuit rejected the National Labor Relations Board’s In its prior decision in the case, the board (which was composed of a Republican majority at the…

The Bargaining Table

Not So Fast … the NLRB’s New General Motors Standard Isn’t a Rubber Stamp for Discipline in Cases Involving Offensive Speech

By Christian White

September 3, 2021

https-www-bakerlaborrelationsblog-com-wp-content-uploads-sites-36-2021-09-gettyimages-173610492_1200x630_72dpi-300x158-jpg

On Aug. 25, 2021, the National Labor Relations Board (NLRB) issued a decision applying its new standard for cases where an employee is disciplined for using offensive speech in the course of engaging in protected labor activity. The board initially announced the new standard in its General Motors decision issued in July 2020. In summary, the General Motors standard permits an employer to issue discipline in such instances if the employer demonstrates that it would…

The Bargaining Table

Caution Signs Ahead: New NLRB General Counsel Memo Offers a Surprising (and Alarming) Road Map of Plans and Priorities

By Todd Dawson

August 23, 2021

https-employmentlawspotlight-bakerhostetlerblogs-com-wp-content-uploads-sites-18-2021-08-caution-tape-gettyimages-1225509271_1200x630-300x158-jpg

New National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo appears ready and willing to help deliver on President Joe Biden’s promise to be “the most pro-union president [we’ve] ever seen.” Abruzzo issued a recent memorandum listing various types of cases on which the NLRB’s regional directors will be required to seek guidance during her term so that she can execute a “centralized” strategy in changing the labor law landscape. According to the memorandum, such…

The Bargaining Table

A Brave, New World? Recent NLRB Rulings Concerning Mail Ballot Elections May Be The Beginning Of A New Era In Board Elections

By Todd Dawson & Carlos Torrejon

August 16, 2021

https-www-employmentlawspotlight-com-wp-content-uploads-sites-18-2021-08-megaphone-election-gettyimages-174626837_1200x630-300x158-jpg

Since the onset of the COVID-19 pandemic in March 2020, unions and employers alike have had to adjust to a “new normal” of mail ballot NLRB elections. Under normal circumstances, the NLRB’s preferred and standard method for conducting elections is in person, usually at the employer’s facility and – depending on the size of the voting pool – at various times throughout the workday. But in the context of the pandemic, a majority of NLRB…

The Bargaining Table

Will the Supreme Court’s Decision Overturning California Union Access Regulation Be a Bonanza for Nonagricultural Employers?

By Todd Dawson & Christian White

July 13, 2021

https-www-employmentlawspotlight-com-wp-content-uploads-sites-18-2021-07-editorial-only-labor-union-gettyimages-110913807_1200x630-jpg

In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their property was an unconstitutional taking of private property without just compensation. Cedar Point Nursery v. Hassid, Case No. 20-107. The regulation permitted union organizers to remain on company property for up to three hours per day, 120 days per year. The district and appellate courts had concluded that the regulation…

The Bargaining Table

Legal Perspectives on Managing Unionized Workforces

Blog Authors

A Hard Rain About to Fall? House Committee Details Proposed Changes to Federal Labor Law

BREAKING: OSHA’s Vaccine Mandate and Unionized Employer Bargaining Obligations

Dancing to a Different Tune: DC Circuit Gives Labor a Win by Striking Down Trump-Era Property Access Standard

Not So Fast … the NLRB’s New General Motors Standard Isn’t a Rubber Stamp for Discipline in Cases Involving Offensive Speech

Caution Signs Ahead: New NLRB General Counsel Memo Offers a Surprising (and Alarming) Road Map of Plans and Priorities

A Brave, New World? Recent NLRB Rulings Concerning Mail Ballot Elections May Be The Beginning Of A New Era In Board Elections

Will the Supreme Court’s Decision Overturning California Union Access Regulation Be a Bonanza for Nonagricultural Employers?

Stay Connected

Company

Products

Support

New to the Network