The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement. In a right to work state, the law prohibits the parties to a
November 2016
Permanent Pause to Persuader Rule: Texas Court Issues Permanent Nationwide Injunction
By Michael Lebowich & Lee Douthitt on
On November 16, 2016, in National Federation of Independent Business v. Perez, No. 5:16-cv-00066, a federal judge in Texas issued a permanent injunction preventing the Department of Labor (the “DOL”) from enforcing its new interpretation of the Labor-Management Disclosure Act’s “Persuader Rule.” The new DOL interpretation would have required…
NLRB Majority Stuns Nation By Ruling Employer Has Management Right, Chairman Dissents
By Mark Theodore on
In another example of the inconsistency of the current state of Board law, a 2-1 majority of the NLRB ruled that an employer not only had a management right but it wasn’t necessary that this right be expressly set forth in the parties’ contract. This is certainly odd because the…