The U.S. Court of Appeals for the District of Columbia Circuit recently held that the National Labor Relations Board (NLRB or Board) properly considered a secret recording of an employer meeting with employees in finding that the employer committed multiple
The Bargaining Table
Legal Perspectives on Managing Unionized Workforces
The Bargaining Table, published by Baker & Hostetler LLP, focuses on labor and employment law issues, particularly those involving the National Labor Relations Board (NLRB) and the National Labor Relations Act (NLRA). The blog covers topics such as employee classification disputes, noncompete agreements, confidentiality and non-disparagement provisions in severance agreements, and protections for employee speech and conduct in the workplace. It analyzes recent NLRB decisions and guidance, exploring their implications for employers and employees, including union-related activities, employee rights, and employer obligations under labor law.
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A Hard Rain About to Fall? House Committee Details Proposed Changes to Federal Labor Law
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…
BREAKING: OSHA’s Vaccine Mandate and Unionized Employer Bargaining Obligations
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…
Dancing to a Different Tune: DC Circuit Gives Labor a Win by Striking Down Trump-Era Property Access Standard
(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…
Not So Fast … the NLRB’s New General Motors Standard Isn’t a Rubber Stamp for Discipline in Cases Involving Offensive Speech
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…
Caution Signs Ahead: New NLRB General Counsel Memo Offers a Surprising (and Alarming) Road Map of Plans and Priorities
By Todd Dawson
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…
A Brave, New World? Recent NLRB Rulings Concerning Mail Ballot Elections May Be The Beginning Of A New Era In Board Elections
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…
Will the Supreme Court’s Decision Overturning California Union Access Regulation Be a Bonanza for Nonagricultural Employers?
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.…