Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions and sharply divided opinions issued by the National Labor Relations Board (NLRB) resulting from the mid-December 2022 departure of Republican Board member John F. Ring.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Summer 2022 issue of the Practical NLRB Advisor. In this issue, the Advisor takes a small departure from our usual practice of providing readers a snapshot of, and insights into, the current state of U.S. labor law. Instead, this issue aims to engage the National Labor Relations Board (NLRB) on some of the latest issues on the labor landscape.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Fulfilling a top priority for National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo’s activist agenda, on December 13, 2022, the Board issued a decision that expands, arguably beyond statutory limits, the remedies recoverable by a successful charging party in unfair labor practice cases. The NLRB ruled that its make-whole remedy includes compensating employees “for all direct or foreseeable pecuniary harms suffered” as a consequence of labor violations.
In a decision dated September 30, 2022, the National Labor Relations Board ruled that employers must continue to collect voluntarily authorized union dues from the paychecks of employees after the expiration of the agreement.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Summer 2022 issue of the Practical NLRB Advisor. In this issue, the Advisor takes a small departure from our usual practice of providing readers a snapshot of, and insights into, the current state of U.S. labor law. Instead, this issue aims to engage the National Labor Relations Board (NLRB) on some of the latest issues on the labor landscape.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2022 issue of the Practical NLRB Advisor. In the last issue of the Practical NLRB Advisor we detailed the aggressive agenda of the Board’s newly minted general counsel (GC) and her apparent quest to persuade the Board to reverse or substantially modify broad swaths of extant decisional law under the National Labor Relations Act (NLRA).
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2021 issue of the Practical NLRB Advisor. This issue offers insight into the changes in labor relations policy we have seen since President Joe Biden—who promised to be the most “pro-union” president in U.S. history—took office.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Summer 2021 issue of the Practical NLRB Advisor. This issue offers insight into the significant and accelerated changes in labor relations policy we have seen since President Joe Biden took office.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2021 issue of the Practical NLRB Advisor. This issue offers insight into the anticipated significant changes in labor relations policy we can expect to see with the election of President Joe Biden, a longtime vocal supporter of organized labor, coupled with control of both chambers of Congress by the traditionally labor-oriented Democratic Party.
At noon, eastern standard time, on January 20, 2021, Joseph R. Biden Jr. became the 46th president of the United States, giving Democrats control of the executive branch, and, albeit by the thinnest of margins (with Vice President Kamala D. Harris presiding as president of the U.S. Senate), the legislative branch of the U.S. government for the first time since 2011. While that transition will, no doubt, impact a great many national and global issues, the focus of this article is the potential impact that this dynamic will have on U.S. labor law and policy.
President Joe Biden began his election campaign in a union hall in Pittsburgh and pledged on the eve of the election to be “the most pro-union president you’ve even seen.” As immediate evidence of his intent to make good on that pledge, it is being reported that one of his first acts as president (the email taking this action was apparently sent at 12:23 p.m. on January 20, 2021) was to ask for the resignation of National Labor Relations Board General Counsel Peter Robb. The president apparently gave Robb until 5 p.m. on January 20, 2021, to resign or be fired.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2020 issue of the Practical NLRB Advisor. This issue offers insight into the future of labor policy in the wake of a politically polarized presidential election year and a sharply divided electorate. Even though the 2020 election is over, we can expect to see continued battles over traditionally pro-labor segments of the workforce, controversial legislation that is likely to be advanced in the near term, and recent National Labor Relations Board (NLRB) activity.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2020 issue of the Practical NLRB Advisor. This issue offers insight into the new, and, oftentimes unanticipated, labor/management issues resulting from the coronavirus pandemic. While COVID-19 brought an abrupt halt to many aspects of daily life, it has had quite the opposite effect on labor relations: novel bargaining obligations arose, and new bargaining mechanics became necessary. These unexpected issues, coupled with an increase in employee concerted activity in response to the pandemic, have all tested the capacity of the parties and the law to adapt to unprecedented circumstances.
Parts of the country have begun the process of returning to work, in places where COVID-19 infection rates have flattened or shown a decline. But the risk of becoming infected with COVID-19 remains, and some employers may be faced with parts of their workforces refusing to return to work or to perform certain assignments, citing the health risk. What are employers’ options with respect to such employees? There are both legal and practical considerations.
Over the course of the past few weeks, we have all asked and attempted to answer many questions about workplace law and the COVID-19 response, including questions arising under the new Coronavirus Aid, Relief, and Economic Security (CARES) Act. In the labor space, one question that continues to come up goes something like this: “We have heard that taking advantage of programs under the CARES Act may require an employer to remain neutral during any union organizing effort. Is that true and, if yes, what does it mean?”
On April 1, 2020, the National Labor Relations Board announced it will not extend its temporary suspension of Board-conducted elections past April 3, 2020. Instead, it will resume conducting elections beginning on Monday, April 6, 2020.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2020 issue of the Practical NLRB Advisor. This special double issue offers readers a thorough year in review of the National Labor Relations Board’s (NLRB) activity in 2019.
One of the more significant reforms made by the National Labor Relations Board (NLRB) under the leadership of President Barack Obama’s appointees were the modifications made to the representation-case procedures. These regulations became known to many as the “quickie” or “ambush” election regulations and, as those names suggest, resulted in union representation elections being held in shorter periods of time and consequently often caused employees to have to decide the question of union representation without the time needed to fully evaluate that important decision.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new framework for determining whether an incumbent union has lost the support of a majority of bargaining unit members in circumstances where the employer informs the union that it will withdraw recognition when the current agreement expires.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2019 issue of the Practical NLRB Advisor. This edition provides a close look at the development of the independent-contractor standard at the National Labor Relations Board (NLRB). The NLRB’s recent decision on this issue—one of the most critical legal questions of the day, both in the context of traditional labor law and in employment law generally—marks yet another significant reversal of Obama-era NLRB decisional law.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2019 issue of the Practical NLRB Advisor.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2018 issue of the Practical NLRB Advisor. This issue examines the Supreme Court’s decision in Epic Systems Corp. v. Lewis, which is destined to have a profound impact on the labor movement and on labor-management relations.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
On June 27, 2018, the Supreme Court of the United States announced its decision in a case that tested the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by non-member public sector workers.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2018 issue of the Practical NLRB Advisor. This issue examines the evolution of the controversial joint-employer saga as it develops at the National Labor Relations Board (NLRB).
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2018 issue of the Practical NLRB Advisor. This issue examines how the National Labor Relations Board (NLRB) is moving forward after a slow start during the Trump administration’s first year in office—in which it took nearly nine months to realize a short-lived Republican majority.
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2017 issue of the Practical NLRB Advisor.
In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate.
The National Labor Relations Board (NLRB) implemented its “ambush” or “quickie” election rules on April 14, 2015. An analysis of available NLRB data on representation election (RC) petitions filed since the effective date of the new rules yields some interesting information for retail and hospitality employers.
