Labor Relations Update
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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

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

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

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)

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
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