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

• February 11, 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

• 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

• 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
• April 1, 1992
  Supreme Court Limits Union Access to Employer 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