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Labor Relations Update Blog

Articles: 1-10 of 113

NLRB Tips Scales in Favor of Employers When Drawing Distinctions Between Claims of “Inability to Pay” Versus “Competitive Disadvantage,” and “Surface” Versus “Hard” Bargaining

USA - September 18 2019 In recent weeks, the National Labor Relations Board has issued several employer-friendly decisions, and its September 13 decision in Arlington Metals…

NLRB Puts a Finer Point on Its Community of Interest Test with a New Three-Step Analysis

USA - September 12 2019 Still hard at work as we head into mid-September, the National Labor Relations Board, in a 3-1 decision (Chairman Ring and Members Kaplan and Emanuel…

NLRB Dumps Longstanding “Clear and Unmistakable Waiver” Standard for More Employer-Friendly “Contract Coverage” Test

USA - September 11 2019 As we near the end of the agency’s fiscal year on September 30, the NLRB is churning out many significant decisions. On September 10, the Board…

Board Affirms Right to Unilaterally Implement Changes to Benefit Plans Based on Waiver, Foreshadowing Potentially Looser Standard for Contractual Waivers

USA - September 10 2019 The NLRB continues to churn out decisions post-Labor Day. On September 4, in a 2-1 decision, (Chairman Ring and Member Kaplan, with Member McFerran…

National Labor Relations Board: Labor Day Roundup

USA - September 3 2019 While much of the country spent the last week of summer enjoying the last few days of sun, the National Labor Relations Board spent the week before…

NLRB: Employer Did Not Unlawfully Discontinue Christmas Bonus

USA - August 19 2019 Summer is winding down but the NLRB continues to be a source of vigorous activity. The Board recently issued a sweeping decision regarding the…

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

USA - August 16 2019 On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity…

NLRB Announces Three Proposed Rulemaking Amendments Aimed at Overhauling Union Election Procedures - With More to Come!

USA - August 13 2019 The National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) on Monday, August 12, 2019, proposing three amendments to its…

NLRB Finds Employer Lawfully Terminated “Known” Union Supporter Despite Finding Its Justification Was Pretextual

USA - August 10 2019 In a 2-1 decision issued on August 2, 2019, the National Labor Relations Board (the “Board”) in Electrolux Home Products, Inc., 368 NLRB No. 34…

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

USA - July 30 2019 This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the…