We have often reported about how an employer’s failure to adequately respond to an information request made by a union can lead to unfair labor practice charges and litigation. Sometimes a union makes an information request for strategic reasons, not for any representational reason. Sometimes, an employer’s response can
bargaining
NLRB Upholds Employer’s Bargaining And Demotions Post-Impasse As Lawful
By Mark Theodore & Rachel Therese Gulotta on
In its January 31, 2020 decision in Phillips 66, 369 NLRB No. 13 (January 31, 2020) the Board reversed a number of findings of unfair labor practices found by an Administrative Law Judge related to the employer’s conduct during organizing and subsequent bargaining.
Background
In November 2011, the union filed…
NLRB Tips Scales in Favor of Employers When Drawing Distinctions Between Claims of “Inability to Pay” Versus “Competitive Disadvantage,” and “Surface” Versus “Hard” Bargaining
By Steven Porzio & Laura Franks on
In recent weeks, the National Labor Relations Board has issued several employer-friendly decisions, and its September 13 decision in Arlington Metals Corp., 368 NLRB No. 74 (2019) was no exception. In Arlington Metals, the Board considered: (1) whether an employer’s statements during bargaining in response to a union’s…
NLRB: Employer Did Not Unlawfully Discontinue Christmas Bonus
By Mark Theodore on
Summer is winding down but the NLRB continues to be a source of vigorous activity. The Board recently issued a sweeping decision regarding the lawfulness of arbitration agreements. Also, the Board announced its intention to change the so-called ambush election rules. Of course, the Board continues to issue decisions on…
Novel Theory Related To Violation Of Bargaining “Ground Rules” Fails (Fortunately)
By Mark Theodore on
When an employer and a union sit down to bargain they often agree to ground rules for how negotiations are to be conducted. A common ground rule, for example, is for the parties to agree to address “non-economic” items before addressing economic proposals. Other ground rules include things like confidentiality…
Union Adherent’s Antics Not Protected By Act, NLRB Rules
By Mark Theodore on
The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was confronted with a situation where an employee-union adherent engaged in behavior ultimately found to be…
No Duty To Bargain Over Discipline During Contract Hiatus, NLRB Division of Advice
By Mark Theodore on
The NLRB has been active but quiet during the last few months as the agency quietly reaffirms decisions nullified by the Supreme Court. By all accounts, however, and as history has proved, the NLRB is getting ready to issue an onslaught of law-changing decisions as we head into the holiday…
Court Orders Disputed Successor Employer to Bargain with Union
By Ronald Meisburg on
A California federal district court granted temporary injunctive relief, requiring the purchaser of a bankrupt hospital to temporarily recognize and bargain with the union that represented nurses employed by the hospital’s seller, pending the outcome of a National Labor Relations Board (“NLRB”) hearing.
After a bankruptcy court granted the seller’s…