All Items: Labor Relations

  • NLRB Allows Bargaining Units With Temporary, Permanent Employees Without Employer Consent

    July 13, 2016

    In Miller & Anderson, Inc., the National Labor Relations Board has ruled that employer consent is not required for bargaining units that combine contingent and regular employees so long as the employees share a community of interest.

  • Class Action Waivers in Arbitration Agreements Violate NLRA, 7th Circuit Rules

    June 1, 2016

    The 7th Circuit Court of Appeals has ruled, in Lewis v. Epic-Systems Corp., 2016 U.S. App. LEXIS 9638 (7th Cir. 2016), that a health care software company's arbitration agreement violates the right of employees to engage in protected concerted activity under the National Labor Relations Act (NLRA) by barring them from participating in or pursuing wage-and-hour class action or collective claims. Because the ruling deepens a split among the circuits on this issue, it could lead to an eventual review by the Supreme Court to resolve the inconsistency.

  • Supreme Court Leaves Public Employee Union Fees Intact

    March 30, 2016

    The nation's public employee unions have "won" a 4-4 tie at the Supreme Court in a case that could have left their future in doubt. The result means that unions may continue to collect dues from employees they represent, so long as the dues are being used for collective bargaining, contract administration or grievance adjustment purposes.

  • DOL's Controversial Final 'Persuader Activity' Rule Expands Employer Reporting Requirements

    March 29, 2016

    On March 24, the US Department of Labor (DOL) published a controversial and long-awaited final rule under the Labor Management Reporting and Disclosure Act (LMRDA) that expands an employer's obligation to report persuader activity - activity engaged in to directly or indirectly persuade employees concerning their rights to organize and collectively bargain.

  • President Nominates Merrick Garland to Fill Supreme Court Vacancy

    March 16, 2016

    President Obama has nominated DC Circuit Court of Appeals Chief Judge Merrick Garland to fill the vacant Supreme Court seat created by Justice Antonin Scalia's death. Garland is perhaps best known for overseeing the domestic terrorism prosecutions of Oklahoma City bomber Timothy McVeigh and Theodore Kazcynski, infamously known as the Unabomber. Garland has compiled an extensive record during his 19 years on the DC Circuit, including in employment law.

  • What Justice Scalia's Death Means for Pending Employment Cases

    February 19, 2016

    Justice Antonin Scalia's death last weekend in the midst of the presidential race has put the Supreme Court at the center of a political firestorm. And with his seat likely to remain vacant for the remainder of the term, it figures to have a significant impact on pending labor and employment cases at the nation's highest court.

  • West Virginia Joins Ranks of Right-to-Work States

    February 18, 2016

    The West Virginia Workplace Freedom Act will prohibit any requirement or employment agreement that an employee must be a member of a union or pay dues as a condition of employment.

  • Supreme Court Appears Skeptical of Mandatory Public Employee Union Fees

    January 13, 2016

    The Supreme Court heard a significant labor case this week that could put the future of public employee unions in doubt. In Friedrichs v. California Teachers Association, a majority of the Court's justices appeared ready to agree with a group of California teachers who claim their free speech rights are being violated when they are compelled to pay dues to the state's teachers' union.

  • NLRB Hands Down Groundbreaking Joint Employer Ruling

    August 31, 2015

    The National Labor Relations Board (NLRB) has broadened the definition of "joint employer" in a landmark ruling that could make it easier for unions to negotiate on behalf of workers at companies that rely on contractors and franchisees.

  • NLRB Rebuffs Northwestern Football Players' Unionization Bid

    August 18, 2015

    In a case that sparked nationwide debate, the National Labor Relations Board (NLRB) has declined jurisdiction and, therefore, dismissed an attempt by Northwestern University football players to unionize.

About This Category

News: HR and legal considerations for employers regarding the management of labor relations. Support and guidance on the ever growing field of labor law.