In a huge victory for organized labor earlier today, the National Labor Relations Board paved the way for unions to represent workers even without holding a formal representation vote. The NLRB did this through a decision by its Democratic majority in a case involving Cemex Construction Materials Pacific LLC.
The NLRB’s Cemex Construction decision
The NLRB this week once again ruled that a relatively common employment practice violated federal labor law, continuing what some are seeing as a trend under the current administration. This time, the NLRB ruled that it was illegal for an employer to offer employees a severance agreement that prohibited them from making disparaging statements about
In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of workers with respect to their ability to choose whether or not they wanted to be represented by a union.
More specifically, in
On October 3, 2022, the National Labor Relations Board (NLRB) ruled that employers must continue deducting union dues from employees’ paychecks, pursuant to their labor contracts, even after the contracts expire. The case is Valley Hospital Medical Center, Inc., N.L.R.B. Case 28-CA-213783 (Valley Hospital II).
Dues checkoff previously served as an exception to
On March 7, 2022 NLRB General Counsel Jennifer Abruzzo asked the NLRB to overturn Board precedent related to employee handbook rules.
The case at issue is Stericycle, Inc., which examines whether certain workplace rules infringe upon or restrict employees’ rights under the NLRA. As part of the Board’s proceedings, the parties (and interested third
On December 27, 2021, the National Labor Relations Board (“NLRB”) invited public briefing on a critical issue affecting employers (and especially gig economy companies and workers) regarding independent contractor status. In 2019, the republican-controlled NLRB in SuperShuttle DFW, Inc., 367 NLRB 75 (2019), made it easier for employers to prove independent contractor status by reaffirming
Sparing no time since she issued her Advice Memorandum last week, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 21-05, outlining her position on the importance of 10(j) injunction proceedings.
Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek temporary injunctions in federal district courts to
On August 12, 2021 NLRB General Counsel Jennifer A. Abruzzo issued her “Mandatory Submissions to Advice” memorandum (Memorandum GC 21-04), outlining her agenda items and priority issues for NLRB Regional Directors, Officers-in-Charge, and Resident Officers. The memorandum offers a glimpse into a number of issues the new General Counsel believes need to be re-evaluated, largely
Yesterday, in a long-awaited decision in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), the National Labor Relations Board (“Board” or NLRB”) gave employers a clearer pathway to disciplining employees who engage in abusive workplace conduct — including profane, racist, and sexually harassing remarks — even when the conduct coincides with concerted activities
Today the National Labor Relations Board (the “Board”) issued the final version of its Rule rolling back an Obama-era standard that deemed “indirect control” over a contractor or franchisee and/or the reservation of the ability to exert such control as being sufficient to establish joint employment under the National Labor Relations Act.
The Board majority