On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act. With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a few key aspects of the legislation. If the PRO Act succeeds in the Senate, it will be […]
As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n, Petitioner, 370 NLRB No. 45 (2020), the NLRB adopted a new framework for the manner in which union elections should be conducted. Click here to […]
Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. For more information, click here.
In a December 16, 2019 decision, the National Labor Relations Board (Board) held that employers’ statutory obligation to checkoff union dues pursuant to their union contracts ends when said contracts expire. Overruling relatively recent precedent, the Board based its decision on the principle that there is no independent statutory obligation to check off and remit dues […]
It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of employment affecting the unionized employees, without first providing the union notice and a meaningful opportunity to bargain about the change to agreement […]
A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. [1] The NLRB reaffirmed established law that a series of short duration strikes, pursuant to a strategy of returning to work from a strike […]
On Friday, June 14, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued a decision of significance to employers. In particular, the NLRB decision affects employers, such as hospitals and hotels, that have areas of their property open to the public. Reversing established precedent, the Board held that employers may prohibit non-employee union representatives […]
Letters from unions to owners, general contractors, and other contractors informing them of the union’s dispute with one or more of the subcontractors, working at a common construction project site (or common situs), and of the union’s plans to engage in “public informational campaigns” at the site, in furtherance of the dispute, may constitute unlawful […]
On May 8, 2018, the D.C. Circuit Court of Appeals, by a unanimous panel, upheld the NLRB decision that restrictions imposed unilaterally by an IBEW local union on employees right to revoke union dues checkoff authorizations were unlawful. See Local 58 v. NLRB, No. 17-1058 (D.C. Cir.2018) Section 302(c)(4) of the National Labor Relations Act […]
In Purple Communications Inc., 361 NLRB No. 126 (December 11, 2014) the NLRB reversed established precedent that employees did not have statutory rights to use their employers’ email resources for union activity. In that case, the Board held that employees that have been given access to their employers’ email systems, must be permitted to use […]
