The Supreme Court ruled on Wednesday that a California regulation permitting labor organizations a “right to take access” to an agricultural employer’s property to solicit support for unionization violated the
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PRO Act: Congress Considers Fundamental Changes to Federal Labor Law
Congress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide.
The Protecting
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WATCH THE PENDULUM SWING – NLRB’S ACTING GC ROLLS BACK PREDECESSOR’S GUIDANCE MEMORANDA
NLRB Acting General Counsel Peter Ohr is moving swiftly to put his stamp on national labor policy. Last week, my partner Andrew MacDonald blogged about Ohr’s withdrawal of a complaint
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Acting NLRB GC Withdraws Neutrality Agreement Complaint
In his first few days on the job, Acting General Counsel of the NLRB Peter Sung Ohr has withdrawn a complaint that had challenged the use of a neutrality agreement
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Radical Change at the NLRB – Employers Beware
In an unprecedented action that delighted organized labor but sounded alarm bells for employers, in one of his first acts, President Biden fired the General Counsel and Deputy General Counsel
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Are Union Neutrality Agreements Unlawful?
The NLRB’s General Counsel recently issued a memo that demonstrates his hostility toward neutrality agreements. Generally, neutrality agreements contain a promise from an employer that it will remain neutral in
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Notice Posting Requirements Are – and Remain – Postponed Due to the Coronavirus Pandemic
In an early May 2020 decision, the Board declared a temporary pause in charged parties (usually an employer) complying with the NLRB’s standard notice posting remedy in response to
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New NLRB Case Investigation Guidelines Change How Regions Will Handle Particular Evidence and Witness Testimony
On June 17, 2020, National Labor Relations Board General Counsel Peter Robb issued GC Memo 20-08 (“Memo”), providing Regional offices new directives for taking certain witness testimony and accepting audio/video
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Federal Court Affirms NLRB Ruling Limiting a Union’s Right to Employer’s Financial Information
On April 29, 2020, the Ninth Circuit Court of Appeals affirmed a National Labor Relations Board decision where an employer was lawfully permitted to refuse a union’s request for financial
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The NLRB is Resuming Elections on April 6, 2020 Without Providing Guidance on Voter Safety
By announcement on April 1, 2020, the NLRB resumed representation elections beginning on April 6, 2020. Previously, the NLRB had suspended elections until April 3, 2020. The details on elections
Continue Reading The NLRB is Resuming Elections on April 6, 2020 Without Providing Guidance on Voter Safety