Tag archives: Labor law

NLRB Proposes New Rule Impacting Union Elections and Voluntary Recognition

By Kevin MacNeill on November 3, 2022 Posted in United States

The National Labor Relations Board is proposing to rescind its current rule that allows: Representation elections to proceed even when there are pending unfair labor practice charges alleging employee free choice has been compromised; Challenges to the representative status of a voluntarily recognized before there has been a reasonable period for collective bargaining; and, Election … Continue reading

D.C. Circuit vacates NLRB’s order on port union recognition

By Kevin MacNeill on October 17, 2022 Posted in United States

Global Workplace Insider - A Norton Rose Fulbright Blog

In a recent decision, Everport Terminal Services, Inc. v. National Labor Relations Board, the United States Court of Appeals for the District of Columbia Circuit granted petitions for review and vacated the National Labor Relations Board’s (NLRB) ruling that an employer had committed an unfair labor practice by favoring one mechanics’ union over another. Everport … Continue reading

NLRB Gives Notice of Proposed Rulemaking on Joint-Employer Standard

By Kevin MacNeill on September 6, 2022 Posted in United States

The National Labor Relations Board (NLRB) has embarked upon notice and comment rulemaking to replace the final rule concerning joint employer status that has been in place since April 2020. Section 2(3) of the National Labor Relations Act (Act) generally provides that the term “employee” under the Act is not limited to an employee of … Continue reading

D.C. Circuit Draws Line Between Protected Labor Activities and Discipline-Worthy Employee Misconduct

By Kevin MacNeill on August 25, 2022 Posted in United States

Section 7 of the National Labor Relations Act (Act) gives employees the right to form unions, bargain collectively and to “engage in other concerted activities for the purpose of … mutual aid or protection”. Speaking out about conditions of employment on behalf of a group of employees would fall within this protection. And, section 8 … Continue reading

9th Circuit Says NLRB Can Order Employer to Pay Union’s Legal Fees Incurred in Collective Bargaining

By Kevin MacNeill on August 22, 2022 Posted in United States

The National Labor Relations Act (Act) states that it is an unfair labor practice for an employer to refuse to bargain collectively with its employee representatives (i.e. a union). Recently, the United States Court of Appeals for the 9th Circuit confirmed that when this happens, an employer may have to reimburse its union the legal … Continue reading

When responding to a union’s request for information, employers should look before they leap

By Kevin MacNeill on August 16, 2022 Posted in United States

A recent National Labor Relations Board decision, General Aire Systems, Inc. (371 NLRB No. 120), reminds employers of some pitfalls they may face when handling a union’s request for information, and steps that may be taken to minimize associated legal risks. By way of background, when a union has a collective bargaining relationship with an … Continue reading