Labor Relations Update
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Rachel Kessler

Rachel Kessler is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration group.

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NLRB Signals Pullback on Consequential Damages Against Unions

As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) has indicated that it is committed to considering consequential damages as a possible make-whole remedy applicable to damages both caused by an employer’s unfair labor practice (“ULP”) and against a union for damages caused to an employer. A recent settlement agreement involving the … Continue Reading

Third Circuit Takes Supreme Court Cue and Rejects “Implied” Union Contracts

On March 30, 2022, three judge panel of the Third Circuit Court of Appeals unanimously overruled prior precedent allowing “implied” contracts to survive the expiration of a written agreement. The instant panel held, instead, that “implied” contract provisions that “have no durational limit of their own” are “governed by the general durational clauses of the … Continue Reading

NYC Enacts Severance Pay Requirements for Displaced Hotel Workers

Effective as of October 5, 2021, Int. 2397-2021 requires operators of “transient hotels” (as defined by Section 12-10 of the New York City zoning resolutions) to pay their employees severance pay if: (1) the hotel closed to the public and has not, by October 11, 2021, recalled at least 25% of the number of employees … Continue Reading

D.C. Circuit Court Rules NLRB’s Access to Property Test is Arbitrary

General Counsel of the National Labor Relations Board, Jennifer Abruzzo, is already on her way to accomplishing one of the objectives she laid out in her recent Advice-Memorandum 21-04 (discussed here earlier on this blog). In the GC’s memo, she identified a number of Board decisions to re-evaluate, including Bexar County Performing Arts Ctr. Found., … Continue Reading
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