Even though the National Labor Relations Board has been around for almost 90 years, two companies are now pursuing litigation challenging the agency’s constitutionality.
A divided three-judge panel of the D.C. Circuit Court of Appeals has affirmed a ruling by the National Labor Relations Board that an employee feedback program created by T-Mobile was an illegal company union.
The number of so-called unfair labor practice charges filed with the National Labor Relations Board by workers and their union representatives has increased by 30% over the last two years. A worker-friendly NLRB is likely one of the reasons.
As expected, the Biden-appointed majority on the National Labor Relations Board has signed off on a new rule that will increase the likelihood that two separate employers can be found jointly liable for violations of the National Labor Relations Act.
The Biden-appointed majority on the National Labor Relations Board is continuing to reshape federal labor law with a pro-union tilt by reversing more management-friendly rulings that were issued by the Trump-era Board.
The Biden-appointed majority on the National Labor Relations Board has issued a final rule intended to speed up union representation elections. The rule undoes procedures put in place by the Trump-era Board in 2019 and is expected to work to the bene
In a ruling that comes as no surprise, the National Labor Relations Board has crafted a new standard that will make it more difficult for an employer to apply an otherwise neutral workplace conduct rule without violating federal labor law.
An employer that is required to file a disclosure with the Labor Department’s Office of Labor-Management Standards regarding payments to anti-union consultants will now have to indicate whether it is a federal contractor, under revisions made by DOL
In a decision that CWC predicted, the Biden-era National Labor Relations Board has issued a ruling that will make it more likely that a worker will be considered an employee for purposes of the National Labor Relations Act.
The National Labor Relations Board’s General Counsel has issued a memorandum to the NLRB’s enforcement personnel taking the view that non-compete agreements violate federal labor law, and asking the field to find a case to prosecute.
The High Court has ruled that a labor union that failed to mitigate the risk of harm to an employer’s property during a sudden work stoppage can be sued for damages in state court, concluding that the strikers’ actions were not protected by federal l
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.
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
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.
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
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.
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.
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.
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
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
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.
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
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.
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
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.
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