Header graphic for print
Labor Relations Update

Tag Archives: collective bargaining

Employer Claims Of Unprofitability And Competitive Disadvantage Enough To Trigger Audit Of Financials By Union, NLRB Majority Concludes

Posted in Collective Bargaining, Duty to furnish information, Duty to provide information, General Counsel, NLRA, NLRB, Section 8(a)(5), Uncategorized, Unfair Labor Practices

The end of another NLRB fiscal year is upon us.  Today, September 30, marks the last date of the fiscal year.  We can expect to see a number of decisions issue from the Board, and many determinations made at the regional level, as the agency attempts to pump up its case processing statistics.  We will… Continue Reading

NLRB Majority, Management Rights Clause Must Be Specific To Enable Employer To Make Unilateral Changes

Posted in Collective Bargaining, Duty to furnish information, Duty to provide information, NLRA, NLRB, Section 8(a)(5), Unfair Labor Practices

Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term.  Matters concerning terms and conditions of employment that are not addressed in the labor contract have to be negotiated before changes can be made.  Sometimes, however, the parties agree that management can make changes to certain terms and conditions of… Continue Reading

Board Reverses 32-Year-Old Rule Allowing Employers to Oust Mixed-Guard Unions

Posted in Bargaining units, NLRA, NLRB, Section 9(b)

For thirty-two years, it has been a settled proposition that an employer may, upon the expiration of a contract, refuse to continue to negotiate with a “mixed-guard” union that represents its security guards. Continuing its long path of upsetting established precedent, on June 9, 2016, the National Labor Relations Board (“NLRB” or “Board”) reversed this… Continue Reading

Ebola and Potential Labor Relations Issues

Posted in Collective Bargaining, Healthcare Employers, Non-Union employers, Protected activity, Strikes

The Ebola panic presently sweeping the U.S. raises a host of potential issues for employers.  We recently provided guidance to help employers ensure employee safety while also complying with legal obligations under the Americans with Disabilities Act and similar laws.  In addition, the Occupational Health & Safety Administration (OSHA) recently released a comprehensive summary of… Continue Reading

Supreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt

Posted in Collective Bargaining, NLRA, NLRB, Recess appointments, Unfair Labor Practices, Workplace Investigations

In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess.  The decision in National Labor Relations Board v. Noel Canning (USSC June 26, 2014) means that the NLRB was operating without the requisite… Continue Reading

Contract Language Requires Continued Wage Increases Even After Expiration, rules divided NLRB

Posted in Collective Bargaining, General Counsel, NLRA, NLRB, Section 8(a)(5)

The process of collective bargaining is filled with nuance and sublety.  Unlike other business negotiations, there is often a dance that takes place as the parties attempt to reach an agreement.  Given the Act’s mandate that the parties “meet and confer” at “reasonable times” to try to reach an agreement, it is legally impossible to… Continue Reading

NLRB Acting General Counsel Clarifies Duty to Provide Information in Bargaining

Posted in Collective Bargaining, Duty to furnish information, Duty to provide information, General Counsel, NLRB, Section 8(a)(5)

In a May 17 memorandum, NLRB Acting General Counsel Lafe Solomon furnished guidelines to Regional Directors concerning parties’ obligation to provide information in collective bargaining negotiations.  GC Memorandum 11-13  traces the development of two different analytical frameworks for assessing a party’s obligation to provide requested information to its bargaining counterpart.  The first applies to cases involving… Continue Reading

Clearance No Longer Required for Some First Contract Remedies.

Posted in Uncategorized

This week NLRB Acting General Counsel Lafe Solomon announced in Memorandum GC 11-06 that certain special remedies in first contract bargaining cases could be sought by Regional Directors without getting further approval. Specifically, the Acting General Counsel said that “notice-reading, certification-year-extension, and bargaining-schedule remedies have been authorized when certain fact patterns are present. Accordingly, when… Continue Reading

NLRB Adopts Enhanced Remedies in Refusal to Bargain Case

Posted in Uncategorized

The National Labor Relations Board has ordered an employer to bargain with a union for at least 16 hours per week and to submit a progress report to the NLRB Regional Director every 30 days.  The case, Gimrock International involved an employer who, the Board found, had for several years failed to bargain in good faith for a first contract with the union… Continue Reading