As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which employers may respond to union organizing efforts. As the Board held in
September 2023
New York Bans Mandatory Captive Audience Meetings
On September 6, New York State Governor Kathy Hochul signed into law (A6604 / S4982) a bill banning businesses from requiring employees to attend meetings or listen to communications where the “primary purpose” of such meetings or communications is for management to voice its views on certain religious…
What A Week…NLRB Unleashes Slew Of Preceding-Shifting Decisions And Paves The Way For Increased Unionization
The National Labor Relations Board (“NLRB” or “Board”) engaged in a pre-Labor Day frenzy that coincided with the conclusion of Member Gywnne Wilcox’s 3-year term. Labor Relations Update has been at the forefront of keeping pace with this abrupt series of precedent reversals, providing summaries and analyses of these impactful…
Raytheon No More: NLRB Significantly Cuts Down Employers’ Power to Act Unilaterally
By Joshua Fox, Michael Lebowich & David Gobel on
In another much-anticipated reversal of existing precedent, as the National Labor Relations Board (“Board”) completes its late-summer flurry before the Labor Day weekend, the Board issued a pair of decisions overruling different aspects of the 2017 decision Raytheon Network Centric Systems, 365 NLRB No. 161 (2017) (see our discussion…
NLRB Precedent Again Proves Malleable As Board Remolds Standard On Protected Concerted Activity in Miller Plastic Products
By Michael Lebowich & Alexander J. Blutman on
Continuing the rapid flow of overturned precedents, in a 3-1 decision released on August 31, the National Labor Relations Board (“NLRB” or “Board”) redrew the line on when a single person’s individual action could be considered “concerted,” and thus, protected, under the National Labor Relations Act (“NLRA”). In Miller Plastic…
Another One: The NLRB Revives Standard That Employees Are Protected When Advocating for Nonemployees
By Joshua Fox & Austin McLeod on
A slew of decisions that were pending before the National Labor Relations Board (“NLRB” or the “Board”) have been issued at the end of August, coming at the close of Member Wilcox’s term. In American Federation for Children, Inc., 372 NLRB No. 137, a 3-1 majority reversed recent…