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The Bargaining Table
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The Bargaining Table
No Need To Panic: The NLRB’s Atlanta Opera Decision Is Unlikely To Have a Major Impact on Independent Contractor Classification Disputes
The sky is not falling. When the National Labor Relations Board (NLRB or Board) issued its Atlanta Opera decision on June 14, I read the decision. Then I read some…
The Bargaining Table
A New Front in the Noncompete Wars: NLRB’s General Counsel Claims Noncompete Agreements Violate the Labor Act
The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in…
The Bargaining Table
Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for Profane Worker Outbursts
By Christian White, Delores Chichi
In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors…
The Bargaining Table
Q&A Regarding the NLRB’s Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements
By Christian White, Todd Dawson, Pat Muldowney, Todd Lebowitz, Paul Rosenberg, Delores Chichi
We recently wrote about the National Labor Relations Board’s (“NLRB” or “Board”) decision in McLaren Macomb (the “decision”) which reversed several Trump-era rulings that largely had allowed employers to proffer severance agreements…
The Bargaining Table
Biden Administration Poised to Provide Union Organizers with Another Tool for Their Toolbox: The OSHA Inspection
By Darren Crook, Elliot J. T. Nash, Rita Hechmer
In January 2023, the Occupational Safety and Health Administration (OSHA) revived a rule that would permit worker-designated representatives to accompany OSHA during the inspection process, regardless of whether the representative…
The Bargaining Table
The NLRB Embraces Relativism in its Relevance Test
By Christian White, Todd Dawson, Kubicki, Paul C
Under the National Labor Relations Act, unions are entitled to request information from an employer that is relevant to carrying out the union’s representation duties. The key limiting principle is…
The Bargaining Table
Severing from Precedent: NLRB Restricts Employers’ Ability to Include Standard Confidentiality and Non-Disparagement Provisions in Severance Agreements
By Delores Chichi, Christian White
The National Labor Relations Board issued a decision that reversed several Trump-era rulings allowing employers to proffer severance agreements to employees containing broad confidentiality and non-disparagement provisions. The Board’s decision holds…
The Bargaining Table
NLRB Gifts Employees Expansive Remedies in Time for the Holiday Season
By Pat Muldowney, Nailah Bowen
“You get more remedies! You get more remedies! Everybody gets more remedies!” Employers found to have committed an unfair labor practice (ULP) now may be required to compensate employees for…
The Bargaining Table
To Deduct or Not To Deduct – NLRB Revisits Union Dues Checkoff Post-CBA Expiration
By Pat Muldowney, Nailah Bowen
Whether employers must continue to deduct union dues from employees’ paychecks and forward such deductions to the union (i.e., a “dues checkoff” provision) after the expiration of a collective bargaining…
The Bargaining Table
NLRB Upholds Employers’ Right to Restrict Employees’ Email Use for Union Organizing – for Now
The issue of whether an employer can ban its employees from using the company email system for union organizing has been the subject of heated litigation before the National Labor…