Labor Relations

Tuesday, May 16, 2023

Former union official and current National Labor Relations Board General Counsel Jennifer Abruzzo is continuing to exert her influence in reshaping federal labor law to make it more employee friendly.

Tuesday, May 9, 2023

The National Labor Relations Board has ruled that federal labor law gives considerable protection to workers who make offensive statements while engaging in protected conduct. The ruling reverses a decision issued by the Trump-era Board that articula

Monday, March 27, 2023

The Biden-appointed majority on the National Labor Relations Board is continuing to reverse labor policies established during the last Administration that the current Board claims infringed on worker rights.

Tuesday, January 3, 2023

In what has become a predictable scenario whenever there is a change in presidential administrations, the National Labor Relations Board is actively reversing decisions made by the NLRB during the previous administration. In the present case, the tre

Tuesday, December 20, 2022

As we predicted, the final version of the “must-pass” National Defense Authorization Act approved by Congress earlier this month stripped out most of the labor union wish list provisions that the House of Representatives loaded into its version of th

Wednesday, December 14, 2022

Our written comments to the National Labor Relations Board argue that its proposal to abandon the balanced test for determining joint employment liability established by the Board in 2020 will unfairly skew the law to favor joint employer findings.

Monday, November 28, 2022

The Biden-appointed majority on the National Labor Relations Board, along with the agency’s pro-union General Counsel, are doing their best to shift national labor policy to favor organized labor.

Tuesday, November 22, 2022

Enforcement data for FY 2022 released recently by the National Labor Relations Board show a significant increase in the number of complaints by workers filed with the agency as compared to the previous year, reversing a five-year downward trend.

Monday, September 19, 2022

This recent ruling by the National Labor Relations Board reiterates a long-standing Supreme Court precedent that requires an employer to show “special circumstances” when justifying a policy that bans an employee from wearing a union insignia on the

Wednesday, September 14, 2022

MEMBER FEEDBACK REQUESTED. The National Labor Relations Board, now operating with a Democrat majority, has (as anticipated) published a proposed rule that would increase the likelihood of a finding that two employers are considered to be a “joint emp

Tuesday, September 6, 2022

A case that raises the important issue of reconciling the potential conflict between an employer’s EEO obligations and an employee’s labor law rights comes down on the side of labor law rights, at least in this instance, according to a split three-ju

Tuesday, August 16, 2022

Earlier this year, the House of Representatives approved a partisan rewrite of the federal Workforce Innovation and Opportunity Act (WIOA), the law that governs the federal job training infrastructure. It doesn’t look like that bill is going anywhere

Tuesday, August 9, 2022

The influential federal appeals court has issued a second ruling in a case that goes to the heart of determining whether a company is a “joint employer” under the National Labor Relations Act. It’s complicated though, as our memo attempts to explain.

Tuesday, August 2, 2022

The National Labor Relations Board has signed “Memoranda of Understanding” with both the Federal Trade Commission and the Department of Justice to coordinate enforcement of alleged employment practices that stifle competition.

Monday, June 13, 2022

A recent ruling by the Third Circuit Court of Appeals serves as a useful reminder that the National Labor Relations Board has the power to prosecute a case based on an allegation made by a third party who has no connection to the employer’s employees

Monday, May 23, 2022

This recent appeals court ruling illustrates both the expansive reach of the National Labor Relations Act as well as the considerable discretion given to the National Labor Relations Board to interpret the NLRA’s coverage.

Tuesday, May 10, 2022

Last year the EEOC entered into a pact along with the Labor Department and NLRB to aggressively go after allegations of unlawful retaliation. A recent court ruling suggests that the EEOC is taking this charge seriously.

Monday, May 2, 2022

The Fifth Circuit Court of Appeals has ruled that President Biden’s termination of Peter Robb, the Trump appointee serving as General Counsel of the National Labor Relations Board, was within the President’s authority even though Robb had 10 months r

Wednesday, April 27, 2022

Jennifer Abruzzo, a former union lawyer who now serves as the General Counsel of the National Labor Relations Board, is determined to reverse some of what she believes are pro-management labor law policies that were adopted by the Trump-era NLRB.

Wednesday, March 9, 2022

CWC has filed a friend-of-the-court brief with the National Labor Relations Board arguing that the Board’s so-called “Boeing” standard that is used to balance employer and employee rights when determining whether an employer policy violates federal l

Wednesday, February 23, 2022

The Biden Administration has made public the recommendations of President Biden’s “Task Force on Worker Organizing and Empowerment.” As explained in our memo, many of the recommendations, if implemented, would impact federal contractors.

Wednesday, February 9, 2022

President Biden has signed a new Executive Order designed to require the use of so-called “Project Labor Agreements” on major federal construction projects. PLAs are essentially “pre-hire” agreements that mandate the use of union labor.

Tuesday, February 8, 2022

The 45-year-old Uniform Guidelines on Employee Selection Procedures, which were recently extended by the government for another three years, continue to be relevant as employers increasingly consider the use of artificial intelligence in the employee

Monday, January 31, 2022

The three-member Democrat majority on the National Labor Relations Board is once again signaling that it is poised to overturn a pro-employer labor policy adopted during the Trump Administration, in this case whether a conf

Tuesday, January 18, 2022

A new Memorandum of Understanding regarding information sharing between the Labor Department’s Wage and Hour Division and the National Labor Relations Board signals that so-called “fissured workplace” relationships are being targeted as an enforcemen

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