Ethan Picone

Ethan Picone is an associate in the Labor Department, handling all facets of traditional labor matters.

Ethan has extensive experience before the NLRB and in labor arbitration, including:

Responding to representation petitions. Handling the matter from filing through hearing and appeal.
Defending unfair labor practice charges, grievances, and arbitration matters.

Ethan works with clients assisting with management’s response in the organizing campaigns, with an emphasis on:

Day-to-day advice concerning communications and strategy.
Preventive training for supervisors and managers.

Ethan also provides strategic guidance regarding labor issues in other contexts, such as WARN and severance obligations in reductions in force.

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NLRB General Counsel Abruzzo Issues Memo on Employer Surveillance in the Modern Workplace

By Steven Porzio and Ethan Picone on November 1, 2022 Posted in NLRB

On October 31, 2022, NLRB General Counsel Jennifer Abruzzo (“GC Abruzzo”) issued a memorandum in which she pushed for zealous enforcement and Board adoption of a “new framework” to protect employees from intrusive or abusive forms of electronic monitoring and automated management that interfere with protected Section 7 activity. GC Abruzzo asserted: it is “the … Continue Reading

Divided NLRB Rules (Again) that Dues Deductions Survive Contract Expiration

By Mark Theodore and Ethan Picone on October 4, 2022 Posted in NLRB

For more than five decades, employers could cease deduction of dues at the expiration of a collective bargaining agreement as a legitimate economic weapon. It was only recently that, as part of the constant shifting of precedent at the Board, the decades-old rule has been disturbed. On September 30, 2022, the National Labor Relations Board … Continue Reading

National Labor Relations Board Gets Back on the Joint-Employer See-Saw – Proposes Rulemaking to Return to “Browning-Ferris” Indirect Control Standard

By Michael Lebowich, Joshua Fox and Ethan Picone on September 7, 2022 Posted in NLRB

Coming on the heels of the Labor Day holiday, in a long anticipated move, the National Labor Relations (“NLRB”) Board issued a draft of a new proposed joint employer standard, scheduled to be published on September 7, 2022. If ultimately implemented, the NLRB’s Notice of Proposed Rulemaking (“NPRM”) would nix the most recent joint employer … Continue Reading

President Biden Signs Executive Order Requiring Project Labor Agreements for Large-Scale Federal Construction Projects ($35 Million)

By Paul Salvatore, Joshua Fox and Ethan Picone on February 7, 2022 Posted in Uncategorized

On February 4, 2022, President Biden signed an Executive Order on Use of Project Labor Agreements for Federal Construction Projects (the “Order”), which requires the federal government to require a project labor agreement (“PLA”) before awarding any “large-scale construction contract,” defined as a contract for which the estimated cost is $35 million or more. The … Continue Reading