Private sector employers with unionized employees and even non-union employees must be especially careful when addressing certain workforce concerns connected with the coronavirus outbreak. Below, we will address common issues that may arise in union facilities during this crisis. 
If there is a current collective bargaining
Employers have been privileged to withdraw recognition of a union when presented with objective evidence that the union has lost majority support of employees, but have faced significant legal risks in doing so under NLRB precedent. Some of this legal risk has been mitigated by the NLRB’s decision in Johnson Controls, Inc., 368 NLRB No.
Due to the coronavirus outbreak, the NLRB has delayed its roll out of amendments to the “quickie” election rules, which we discussed in a previous post. Instead of becoming effective on April 16, 2020, the rule changes will now be effective on May 30, 2020. The scope of the crisis caused by the coronavirus
For many years, the NLRB has required evidence of a “clear and unmistakable” waiver by unions of the duty to bargain with management over workplace changes. Now, after prodding from some Courts of Appeals, the NLRB has changed its standard: employer changes to workplace conditions will only require evidence that the change is “covered” by
The National Labor Relations Board recently scaled back the 2015 “quickie” election rule, which had sped up the timelines for conducting union elections. Speeding up the process provided an advantage to unions by setting short deadlines that often ambushed employers, leaving them with limited time to react to the election petition. The new rule offers
While it may come as a surprise, the NLRB has long held that employees are sometimes entitled to use profane language while engaging in labor activities. In recent years, the Board has found that employee speech was protected where:
The National Labor Relations Board recently invalidated an arbitration agreement that would require employees to arbitrate all “all claims or controversies” with their employer, holding that such a provision would unlawfully restrict employees’ access to the Board to adjudicate labor disputes.
The Board’s decision in Prime Healthcare could reverberate widely because the language it declared
Federal labor law protects neutral (secondary) employers from becoming entangled in labor disputes between another (primary) employer and unions. For most of the past decade, however, the NLRB has allowed unions to set up various displays – including an inflatable rat (otherwise known as “Scabby”) and an inflatable “fat cat” – near neutral employers’ premises
Since the emergence of the “gig economy” in the last decade, courts and government agencies have grappled with the question of whether gig workers should be classified as employees or contractors. The answer to that question has enormous consequences for employee coverage under various federal and state employment laws, ranging from anti-discrimination statutes like Title
Can employees engage in a concerted stretching exercise during work hours? The NLRB recently said yes.
The NLRA allows employees to engage in demonstrations to support their union, including demonstrations in support of contract proposals. However, the law does not protect employees from engaging in work slowdowns or other refusals to perform work. Strikes