Labor Relations

Memo
24-029
Monday, February 12, 2024

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.


Memo
24-017
Tuesday, January 23, 2024

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.


Memo
24-016
Tuesday, January 23, 2024

MEMBER FEEDBACK REQUESTED. The U.S. Labor Department is proposing significant revisions to the federal government’s depression-era and badly outdated apprenticeship registration system. Rather than streamlining the program, however, the proposed chan


Memo
24-007
Monday, January 8, 2024

The entity that coordinates federal procurement policy has issued a final rule implementing a 2022 Executive Order issued by President Biden that essentially mandates the use of union labor on major federal construction projects.


Memo
23-237
Monday, December 18, 2023

A new Memorandum issued by President Biden to Executive Branch agencies calls on them “to pursue a whole-of-government approach to advancing worker empowerment and organizing, workers’ rights, and labor standards globally.”


Memo
23-231
Thursday, December 7, 2023

An appeals court has ruled that the National Labor Relations Board went too far in ruling that non-union automaker Tesla’s policy of requiring employees to wear company-prescribed t-shirts violated federal labor law.


Memo
23-223
Tuesday, November 28, 2023

The National Labor Relations Board has postponed the effective date of its controversial new joint employment liability rule until February as it awaits rulings in two lawsuits that have been filed challenging the rule.


Memo
23-219
Wednesday, November 15, 2023

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.


Memo
23-213
Monday, November 6, 2023

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.


Memo
23-190
Wednesday, September 27, 2023

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.


Memo
23-181
Wednesday, September 13, 2023

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


Memo
23-179
Tuesday, September 12, 2023

MEMBER FEEDBACK REQUESTED. The Occupational Safety and Health Administration is proposing to reinstate a policy that was found unlawful during the Obama Administration that would allow labor union officials to accompany an OSHA inspector during a wor


Memo
23-159
Thursday, August 10, 2023

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.


Memo
23-152
Wednesday, August 2, 2023

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


Memo
23-141
Monday, July 17, 2023

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.


Memo
23-117
Tuesday, June 13, 2023

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.


Memo
23-116
Monday, June 12, 2023

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


Memo
23-097
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.


Memo
23-093
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


Memo
23-062
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.


Memo
23-001
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


Memo
22-238
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


Memo
22-233
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.


Memo
22-222
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.


Memo
22-221
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.


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