NLRA

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.


Memo
22-177
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


Memo
22-174
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


Memo
22-149
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.


Memo
22-112
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


Memo
22-098
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.


Memo
22-085
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


Memo
22-080
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.


Memo
22-007
Wednesday, January 12, 2022

The Biden-appointed majority on the National Labor Relations Board is asking for input on whether it should revisit two major rulings issued by the Trump-era NLRB dealing with employer work rules and independent contractor


Memo
21-242
Monday, December 13, 2021

Enforcement data released recently by the National Labor Relations Board show that in FY 2021, despite a decline in the number of labor law charges filed, the Board’s General Counsel was able to secure a nearly 45% increase in monetary remedies colle


Memo
21-231
Monday, November 29, 2021

The National Labor Relations Board is considering expanding its traditional “make-whole” remedies to include “consequential” damages, and is asking for input from interested parties on whether and how it should proceed.


Memo
21-196
Thursday, October 7, 2021

A new standard adopted by the National Labor Relations Board last year that protects an employer’s right to discipline employees for offensive speech is in jeopardy as a new, more union-friendly NLRB revisits it.


Memo
21-182
Tuesday, September 14, 2021

A standard adopted by the Republican-controlled National Labor Relations Board in 2019 that strictly limited the ability of a property owner’s contract workers to engage in union related activity on the owner’s premises has been reversed by a federal


Memo
21-167
Tuesday, August 24, 2021

With President Biden’s picks about to assume majority control of the National Labor Relations Board, national labor law policy is almost certain to tilt to a more union-friendly bias in the weeks and months to come. We touch on a number of areas wher


Memo
21-160
Thursday, August 12, 2021

A recent ruling by the D.C. Circuit serves as a reminder that an employer email policy that restricts non-business use must be applied consistently so as not to discriminate against employees’ labor law rights.


Memo
20-249
Wednesday, December 16, 2020

Two recent federal appeals court rulings serve as a timely reminder of the rights unionized employees have under federal labor law, and how those rights are enforced.


Memo
20-214
Wednesday, October 28, 2020

CWC’s memo summarizes several recent developments from the National Labor Relations Board that may be of interest to our members.


Memo
20-207
Monday, October 19, 2020

As the November elections approach, employees may have strong views about the candidates and issues and may want to express those views in the workplace. Employers do have flexibility to adopt policies that minimize the potential disruption that may


Memo
20-179
Friday, September 11, 2020

Two years ago, the National Labor Relations Board adopted a new less rigid standard that attempts to achieve the proper balance between employee and management rights under federal labor law. Since then, the Board has been issuing decisions interpret


Memo
20-158
Friday, August 14, 2020

Over the last two years, the National Labor Relations Board has issued a series of rulings that critics claim were badly needed to reverse a strong pro-union tilt in the agency’s previous rulings.


Memo
20-159
Friday, August 14, 2020

In a fairly rare display of bipartisan agreement, the U.S. Senate has confirmed President Trump’s two nominees to the National Labor Relations Board. The same cannot be said for the President’s three nominees to the Equal Employment Opportunity Commi


Memo
20-151
Friday, July 31, 2020

In a major reversal of a controversial line of previous decisions, the National Labor Relations Board has ruled that it will no longer permit racist and sexist speech by workers in the name of protecting their rights under the National Labor Relation


Memo
20-138
Friday, July 17, 2020

Under federal labor law, a union-represented employee has the right to demand that a union representative be present in a meeting with the employer that the employee reasonably believes will lead to disciplinary action. This ruling by the influential


Memo
20-134
Friday, July 10, 2020

The Administration’s latest semi-annual regulatory agenda shows a surprising amount of new activity being planned by the federal agencies that enforce worker protection requirements.


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