Labor Relations / Unions

Unions on the rise: What the NLRA won’t let you do

09/29/2023

With labor unions making news nationwide, now is a good time for all employers to revisit their obligations under the National Labor Relations Act. Remember, the NLRA probably applies to you regardless of whether your employees belong to a union.

NLRB expands criteria for determining what counts as ‘protected concerted activity’

09/11/2023

A new National Labor Relations Board ruling has loosened the criteria for determining if worker activities are protected by Section 7 of the National Labor Relations Act. That part of the law guarantees employees the right to engage in “protected concerted activities” aimed at collectively improving working conditions.

Review work rules in light of NLRB’s new pro-employee ruling

08/14/2023

As political winds shift, so do National Labor Relations Board rulings. Nowhere has this been more apparent than in the realm of cases addressing worker rights under Section 7 of the National Labor Relations Act.

What the big UPS–Teamsters Union contract means for employers

08/04/2023

United Parcel Service and the Teamsters Union, which represents more than 340,000 UPS employees, have tentatively agreed to a new union contract that—if approved by rank-and-file workers—will avert a strike that threatened to shut down the U.S. supply chain just as retailers are gearing up for busy back-to-school and holiday seasons.

Beware growing influence of pro-worker NLRB

07/20/2023

A decade ago, the National Labor Relations Board—the independent agency that enforces the National Labor Relations Act—was considered a relatively minor player on the employment-law scene compared to the Department of Labor and the EEOC. No more.

Is it OK to disable online comments to silence pro-union messages?

07/20/2023

Employees have the right under Section 7 of the NLRA to engage in protected concerted activity—to complain between and among themselves about terms and conditions of employment. This right includes the right to express an opinion in favor of unionization and against the termination of co-workers who were allegedly fired for supporting the union. Section 7 covers social media posts and comments.

NLRB moves to ban noncompetes, but options remain

07/17/2023

In a memo to the agency’s regional directors, NLRB General Counsel Jennifer Abruzzo announced her conclusion that including noncompete agreements in employment and severance agreements violates the National Labor Relations Act.

PRO Act passes Senate milestone, almost certain to die in House

06/26/2023

A major piece of pro-union legislation has advanced in the Senate. On June 21, the Senate Committee on Health, Education, Labor & Pensions marked up S. 567, the Richard L. Trumka Protecting the Right to Organize Act.

NLRB ruling: Weigh context when punishing employee for angry outbursts

06/21/2023

The National Labor Relations Act, which is administered by the National Labor Relations Board, protects employees’ right to form and join a labor union and engage in so-called concerted activities to improve working conditions. Recently, the NLRB ruled that occasional angry outbursts—even if offensive enough to potentially create a hostile environment under Title VII—are protected activity under the NLRA.

Supreme Court backs employers that suffer damages during union strikes

06/05/2023

In a near-unanimous 8-1 decision, the U.S. Supreme Court has signaled it won’t tolerate union misbehavior that damages employer property even when tensions run high.