Labor

  • February 08, 2024

    Teamsters Escape Suit Over United Airlines Raise Calculations

    The Teamsters were dismissed from a suit brought by United Airlines workers alleging that the union and airline shorted them on raises, with a California federal judge ruling that the Teamsters reasonably decided not to give workers access to wage data or pursue their grievances related to the dispute.

  • February 08, 2024

    NLRB Official OKs CWA Ouster Vote At Tenn. AT&T Facility

    AT&T Mobility Services in-home expert workers at a Tennessee facility may vote to decertify the Communications Workers of America, a National Labor Relations Board official concluded, saying the union and company didn't give workers notice of voluntary recognition.

  • February 08, 2024

    Ex-UPS Worker Urges 11th Circ. To Save Retaliation Suit

    A former United Parcel Service package handler and Teamsters union member in Florida has pressed the Eleventh Circuit to reinstate a retaliation lawsuit over his termination after sustaining a knee injury, saying he was fired while recovering but not properly notified until months later.

  • February 08, 2024

    Union Gets $45K In Fees After Transport Co. Back Pay Fight

    A transportation company must cover most of the legal fees that a Teamsters local spent trying to get the company to comply with an arbitration award issued in a wrongful firing case, a Maryland federal judge ruled, ordering the company to fork over roughly $45,000.

  • February 08, 2024

    NLRB Member May Rethink Union Mail Ballot Eligibility Rule

    A National Labor Relations Board member said he's open to overriding legal precedent that allows ex-workers' votes to be counted in union representation elections if they were employed when they mailed in their ballots, lodging his stance as a footnote in a recent order.

  • February 07, 2024

    NLRB Can't Fast-Track SpaceX Suit Transfer Bid

    A Texas federal judge won't speed up the resolution of a fight over where SpaceX's constitutional challenge to the National Labor Relations Board's structure should play out, denying the agency's bid to expedite a briefing on a bid to transfer the case to California on Wednesday.

  • February 07, 2024

    Don't Halt Rehire Order At Hotel Bel-Air, NLRB Tells 9th Circ.

    A Los Angeles hotel can't stall the enforcement of a National Labor Relations Board decision ordering the company to rehire more than 100 employees, the NLRB told the Ninth Circuit, saying the hotel hasn't shown that it's likely the U.S. Supreme Court will take up this dispute.

  • February 07, 2024

    NJ Cop Union Agrees Gun Law Doesn't Disturb State Pot Law

    The New Jersey State Policemen's Benevolent Association said Wednesday that a federal gun control law and the state's cannabis legalization law don't clash with each other, supporting the state attorney general and police's bid to toss Jersey City's suit in federal court.

  • February 07, 2024

    NJ Panel Backs Retired Cops In Health Insurance Dispute

    Retired police officers for a New Jersey township are entitled to full healthcare benefits without premium payments under a collective bargaining agreement, a state appellate panel ruled Wednesday, upholding an arbitration decision in the police officers' union's favor.

  • February 07, 2024

    Starbucks Flouted NLRA 20 Times In Buffalo Area, Judge Says

    Starbucks violated federal labor law 20 times at a string of unionizing shops in western New York, a National Labor Relations Board judge ruled, saying the company fired Workers United supporters, implied it would close stores due to unionization and blamed the union for staffing issues.

  • February 07, 2024

    Firefighters Won't Receive Pension Hike, Conn. Justices Rule

    Firefighters who voluntarily retired during ongoing collective bargaining proceedings are not entitled to increased pension benefits corresponding with retroactive wage increases, the Connecticut Supreme Court ruled.

  • February 07, 2024

    NCAA Gets Temporary Win In NIL Recruiting Ban Court Fight

    The NCAA won an early victory against states trying to overturn its name, image and likeness rules for incoming athletes when a Tennessee federal judge denied a temporary restraining order request, but the judge signaled that the states may ultimately prevail in arguing that the rules constitute a restraint of trade.

  • February 07, 2024

    Starbucks Argues NLRB Has No Say In Firing Decision

    Starbucks has urged a Michigan federal judge to deny the National Labor Relations Board's request to force the company to rehire two fired workers, saying the board doesn't have the right to interfere with the coffee chain's managerial decisions.

  • February 07, 2024

    NLRB Official Greenlights Security Officers Union Vote

    A National Labor Relations Board official greenlighted a security officers union's representation vote at a New York apartment complex, ruling that there is no contract bar because the petition was specific enough.

  • February 07, 2024

    Starbucks Tainted Vote At Colo. Cafe, NLRB Judge Says

    A National Labor Relations Board judge has recommended a redo in a union representation election at a Colorado Starbucks, saying the coffee giant tainted a 2022 vote by questioning workers about their union support and threatening their future raises and benefits.

  • February 07, 2024

    NLRB Official Dismisses Starbucks Union Ouster Bid In Ore.

    A Starbucks worker's decertification election petition at an Oregon cafe can't proceed, a National Labor Relations Board regional director determined, saying a separate refusal to bargain case prevents the vote from happening at this time.

  • February 07, 2024

    5th Circ. Becoming Proving Ground For NLRB Decisions

    The Fifth Circuit has become a hotbed for employers appealing National Labor Relations Board rulings, and while the court's conservative reputation might make it a favorable venue, the board's policy toward appeals court decisions will limit the court's influence over national labor policy.

  • February 06, 2024

    Google Asks DC Circuit For OK To Contest Union Penalty Bid

    Google asked the D.C. Circuit for permission to defend the National Labor Relations Board's refusal to impose strict penalties for unfair labor practices while simultaneously asserting that its refusal to bargain with a union was not unfair.

  • February 06, 2024

    NLRB's Severance Ruling Is 'Clear Legal Error,' Hospital Says

    The National Labor Relations Board's precedent shift over the lawfulness of severance agreements preventing workers from disparaging their employers is "clear legal error," a Michigan hospital contended to the Sixth Circuit, saying the board didn't balance the rights of the company and workers.

  • February 06, 2024

    Psych Hospital Must Give SEIU Wage Info, NLRB Judge Says

    A University of Pittsburgh-associated psychiatric hospital must give a Service Employees International Union local information about the salaries of nonunion nurses at an affiliated facility, a National Labor Relations Board judge ruled, saying the hospital violated federal labor law by withholding the wage data.

  • February 06, 2024

    Plumbing Co. Refused To Hire Organizers, NLRB Judge Says

    An Indiana plumbing company violated federal labor law by refusing to hire union organizers and letting go of other workers, a National Labor Relations Board judge ruled, citing an example of an anti-union comment from the company's president and a "union-free policy" in an employee manual.

  • February 06, 2024

    'Beaten Up' Eatery Fights NLRB's Pandemic Ruling At 9th Circ.

    A Los Angeles restaurant urged the Ninth Circuit Tuesday to reject the National Labor Relations Board's finding that it failed to bargain in good faith when the COVID-19 pandemic hit, arguing it was being "beaten up" by shut-down orders so negotiations at the time would've been unfruitful "surface bargaining."

  • February 06, 2024

    5th Circ. Hammers Merits In Hearing On NLRB Remedies Case

    The Fifth Circuit appears unlikely to opine on the National Labor Relations Board's revamp of its remedial practices after a Tuesday hearing on the agency's ruling involving software company Thryv focused on the underlying bargaining dispute and the board's reversal of one of its judge's rulings.

  • February 06, 2024

    SEIU Wins Vote Fight At Wash. Nursing Home Before NLRB

    A National Labor Relations Board official correctly held that seven challenged ballots should be counted in a union representation election at a Tacoma, Washington, nursing home, and a new election should be held if the union lost because of the nursing home's preelection conduct, a split NLRB ruled.

  • February 06, 2024

    SEIU President To Step Down After 14 Years

    The Service Employees International Union's president announced Tuesday that she would not seek reelection after 14 years leading the union.

Expert Analysis

  • The Issues Brewing Around Starbucks Labor Practice Cases

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    Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.

  • Employer Tips For Fighting Back Against Explosive Verdicts

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    Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • Handbook Hot Topics: Changing Status Quo In A Union Shop

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    A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

  • Eye On Compliance: A Shift In Religious Accommodation Law

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    The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

  • Conflicting NLRB Stances Create Employer Compliance Plight

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    Contradictory positions set forth by the National Labor Relations Board’s general counsel — asserted in a recent unfair labor practice judgment against CVS and a pending case against Starbucks — place employers in a no-win dilemma when deciding whether they can provide wage and benefit improvements to both union and nonunion employees, says Alice Stock at Bond Schoeneck.

  • Biden Admin Must Take Action On Worker Surveillance

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    As companies increasingly use electronic surveillance to monitor employees, speed up work and quash organizing efforts, the Biden administration should use its well-established regulatory authority to study the problem and protect worker safety, say Matt Scherer at the Center for Democracy and Technology, and Reed Shaw at Governing for Impact.

  • Novel NLRB Action Highlights Aggressive Noncompete Stance

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    While a first-of-its-kind noncompete complaint filed by the National Labor Relations Board general counsel against a Michigan cannabis processor recently resulted in a private settlement, the action shows how broadly the general counsel views her authority over such covenants and how vigorously she intends to exercise it, say Erik Weibust and Erin Schaefer at Epstein Becker.

  • New NLRB Bench Book Is An Important Read For Practitioners

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    Though the National Labor Relations Board's Bench Book is aimed at administrative law judges who adjudicate unfair labor practice hearings, key updates in its 2023 edition offer crucial reading for anyone who handles charges before the agency, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Eye On Compliance: An NLRB Primer For Private Employers

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    Many employers, especially those with nonunionized workforces, may not realize they are subject to federal labor law, but with a recent flurry of precedent-changing rulings from the National Labor Relations, understanding how to comply with the National Labor Relations Act may now be more important than ever, says Bruno Katz at Wilson Elser.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • Labor Law Lessons From NLRB Judge's Bargaining Order

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    A National Labor Relations Board judge’s recent decision to issue a so-called Gissel bargaining order against IBN Construction is a reminder that a company’s unfair labor practices may not just result in traditional remedies, but could also lead to union certification, says Andrew MacDonald at Fox Rothschild.

  • PGA, LIV Tie-Up Might Foreshadow Future Of Women's Soccer

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    The pending merger between PGA Tour and LIV Golf is entirely consistent with the history of American professional sports leagues that faced upstart competitors, and is a warning about the forthcoming competition between the National Women's Soccer League and the USL Super League, says Christopher Deubert at Constangy Brooks.

  • NLRB's Stricter Contractor Test May Bring Organizing Risks

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    The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.

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