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Labor Relations

Labor Relations

December 26, 2017
NLRB Overturns Obama Board Decision on Workplace Policies
December 11, 2017
New NLRB General Counsel’s Revolutionary Reversal of Direction
December 10, 2017
Who's Who at the National Labor Relations Board

Arbitration

July 26, 2000
Second Circuit Refuses to Compel Employee to Arbitrate Statutory Claim
May 18, 2000
Negotiating Gilmer Agreements in the Union Sector
December 2, 1998
Supreme Court Rules on Union Waivers of Civil Rights Claims in Collective Bargaining Agreements
July 1, 1992
Employers May Be Required to Arbitrate Disputes Under an

Collective Bargaining

September 7, 2016
NLRB: Employer Obligated To Bargain Over “Discretionary Discipline” Arising Before CBA Is Negotiated
October 5, 2007
NLRB Continues Its Clear and Unmistakable Waiver Standard for Duty to Bargain Cases
October 11, 2003
NLRB Reiterates that an Employer's Implementation of Proposal to Apply "Marketplace Pay" is Unlawful

Concerted Activity

January 3, 2020
Confidential Workplace Investigations Are Now Presumptively Lawful Under the National Labor Relations Act
January 3, 2020
Employer’s Right to Prohibit Employees’ Use of Work Email for Nonbusiness Purposes Re-established by NLRB Decision
January 3, 2020
NLRB Abandons Certain “Quickie” Election Rules
January 13, 2015
NLRB Issues Major Decision on Employer Email and Major Rule on the Conduct of Representation Elections
July 21, 2009
D.C. Circuit Sets Aside NLRB Ruling that Expanded an Employer’s Ability to Restrict Employees’ Use of Company E-Mail for Union Solicitation Purposes
March 28, 2007
Court of Appeals Affirms NLRB Ruling That Overbroad Confidentiality Requirement Is An Unfair Labor Practice
August 18, 2006
Employees’ Distribution of Maliciously False Letter Found Unprotected by the NLRA
July 30, 2006
What Union-Free Employers Need to Know About the National Labor Relations Act
January 19, 2006
OFCCP Posts FAQ on "Internet Applicant" Rule
January 18, 2006
Discharge of Financial Consultant In Retaliation For Concerted Protest Of Compensation Practices Violates NLRA
June 18, 2004
NLRB Reverses Course Again: Weingarten Rights Do Not Extend to Non-Union Workplaces
June 12, 2003
Abusive Employee Retains NLRA Rights
November 5, 2001
NLRB Extends Weingarten Rights to Non-Union Employees
September 15, 2001
Second Circuit Affirms NLRB Ruling That Discipline Based on Employee Objections to Policy Changes Was Unlawful
May 1, 1998
Sexual Harassment Within the Context of the National Labor Relations Act
July 1, 1995
Ninth Circuit Revisits "Protected Concerted Activity" Under NLRA

Decertification

July 28, 2002
NLRB Overturns Successor Bar Rule
April 5, 2001
NLRB Adopts New Standard Under Which Employers May Unilaterally Withdraw Recognition From Incumbent Union

Employee Participation

August 15, 2001
NLRB Rejects Challenge to Joint Labor-Management Committee
January 1, 1996
NLRB Invalidates Employee Participation Programs: GOP Responds with Teamwork for Employees and Managers Act

National Labor Relations Act - In General

April 7, 2021
Biden Board vs. Trump Board: Here We Go Again! (Sixth Installment)
March 31, 2021
Biden Board vs. Trump Board: Here We Go Again! (Fifth Installment)
March 24, 2021
Biden Board vs. Trump Board: Here We Go Again! (Fourth Installment)
March 17, 2021
Biden Board vs. Trump Board: Here We Go Again! (Third Installment)
March 10, 2021
Biden Board vs. Trump Board: Here We Go Again! (Second Installment)
March 2, 2021
Biden Board vs. Trump Board: Here We Go Again! (First Installment)
February 11, 2021
NLRB Changes Its Stance Towards Employer-Union Neutrality Agreements
December 26, 2017
NLRB Overturns Obama Board Decision on Workplace Policies
December 11, 2017
New NLRB General Counsel’s Revolutionary Reversal of Direction
December 10, 2017
Who's Who at the National Labor Relations Board
September 2, 2015
The NLRB Broadens Joint-Employer Status and Liabilities
January 13, 2015
NLRB Issues Major Decision on Employer Email and Major Rule on the Conduct of Representation Elections
May 14, 2013
D.C. Circuit Court of Appeals Vacates the NLRB’s Posting Rule
July 21, 2009
D.C. Circuit Sets Aside NLRB Ruling that Expanded an Employer’s Ability to Restrict Employees’ Use of Company E-Mail for Union Solicitation Purposes
July 13, 2009
Employee Free Choice Act Update
September 15, 2008
It’s Back: the Employee Free Choice Act
July 1, 2008
Supreme Court Strikes Down California “Labor Neutrality” Law
March 10, 2008
California Appeals Court Finds Wrongful Discharge Claim Preempted by the NLRA
December 12, 2006
Second Circuit Remands Case on Preemption of New York Labor Neutrality Law
May 23, 2005
Judge Rules New York Labor Neutrality Law Preempted by NLRA
September 8, 2003
NLRB Sustains Employer's Pre-Election Solicitation of Grievances Consistent With Prior Practice
July 28, 2002
NLRB Overturns Successor Bar Rule
July 11, 2002
Supreme Court Rules that Reasonably Based, Unsuccessful Suit Brought for Retaliatory Purpose is not an Unfair Labor Practice
December 31, 2001
Learning from the Mistakes of Others: Advice for Employers Gleaned from Federal Appellate Court Decisions in 2001

Right to Refrain from Joining Union

June 27, 2016
Federal District Court Enjoins Department of Labor’s New Persuader Rule
January 29, 2002
Federal Judge Invalidates Executive Order Requiring Beck Notice
December 2, 1998
Supreme Court Clarifies Legality of Union Security Clause Requiring "Union Membership"
September 22, 1997
Union Security Clause Facially Invalid
April 1, 1992
Federal Contractors Ordered to Post Notice of Beck Rights

State and Local Law

March 4, 2022
New York Expands Whistleblower Protections Under Labor Law Section 740
January 15, 2014
New Jersey Department of Labor Issues New Wage Posters
July 1, 2008
Supreme Court Strikes Down California “Labor Neutrality” Law
May 23, 2005
Judge Rules New York Labor Neutrality Law Preempted by NLRA

Strikes

January 1, 1995
NLRB Rules that Pre-Strike Threat to Replace Workers Violates the NLRA

Subcontracting

July 1, 1992
Failure to Bargain Over Subcontracting Violates NLRA

Supervisors

September 23, 2002
Eighth Circuit Overturns NLRB Ruling On Supervisory Status of Television News Producers
November 29, 2001
Eighth Circuit Finds that News Producers and Assignment Editors Are Not Supervisors under the National Labor Relations Act
July 5, 2001
Court Affirms Unfair Labor Practice Finding Based On Anti-Union Retaliation Against Supervisor
June 1, 2001
Supreme Court Overturns NLRB Standard On Supervisory Status

Union Access to Property

Union Solicitation

January 6, 2008
NLRB Rules That Employers May Restrict Employees’ Union Solicitation on Company E-Mail
October 11, 2003
NLRB Limits Employer Right to Discipline for Violation of No-Solicitation Rule
October 8, 2002
Employer Did Not Commit Unfair Labor Practice By Barring Unions From Soliciting On Its Premises While Permitting Solicitation By Certain Charitable Organizations
October 15, 2001
NLRB General Counsel Issues New "Three Strike" Rule On Discriminatory Enforcement Of No Solicitation Rules
July 1, 1995
Union Solicitation Rights--Bulletin Boards

Units for Bargaining

August 15, 2001
Fourth Circuit Rules Web Site Employees Cannot Accrete to Unit of Other Newspaper Employees

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