By Nelson Cary and Brian Dressel on Posted in StrikesLast week, an NLRB panel issued a decision in the case of Noah’s Ark Processors, LLC. The decision addresses a number of important labor law issues. Most importantly, this decision reinforces protections for employees who go on a strike on their own without authorization from their unions. These are known as “wildcat strikes.” Typically, the… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Negotiations,NLRBWith COVID-19 disrupting business, employers may be questioning whether the virus has an effect on the duty to bargain with labor organizations. On Friday, the NLRB’s General Counsel, Peter B. Robb, attempted to answer these questions, issuing a letter to regional officials clarifying employers’ duty to bargain during emergencies. The General Counsel’s letter summarized nine… Continue Reading
By Nelson Cary on Posted in Mergers and Acquisitions,NegotiationsHiring the workforce or purchasing the assets of an employer with union-represented employees is a transaction with a lot of labor-related risks. A recent decision from the NLRB provides an example of how it can go wrong for an employer that fails to plan. In so doing, it offers a good contrast to a case discussed… Continue Reading
By Nelson Cary on Posted in Negotiations,NLRBEarlier this week I introduced a recent NLRB decision that addressed two significant issues for employers. The first issue – related to an employer access rule –was a largely illusory victory for the employer. Today’s post focuses on the second issue, which related to the employer’s cessation of contributions to a union education fund. The… Continue Reading
By Nelson Cary and Liz Cramer on Posted in Mergers and Acquisitions,Negotiations,NLRBAcquiring the assets or hiring the workforce of an employer whose employees are unionized poses an additional layer of complexity for the purchaser. Without prior planning, the purchaser can end up losing its right to set the initial terms and conditions of employment. In a case earlier this year, the NLRB provided a good reminder… Continue Reading
By Nelson Cary on Posted in UnionsDuring labor negotiations, an employer is obligated to provide certain information to the union. When that information implicates the employer’s financial performance, some employers are reluctant to disclose the information. A recent decision from the United States Court of Appeals for the Second Circuit helps define when an employer must provide that information, and does so in… Continue Reading
By Nelson Cary on Posted in Management,NLRBBy Nelson Cary and James Patrick In Alan Ritchey, Inc., the NLRB recently adopted a new rule that will have an immediate impact on any employer attempting to negotiate an initial contract with a newly organized bargaining unit. Specifically, after a union becomes the employees’ bargaining representative, but before the parties have agreed to their first… Continue Reading
By Nelson Cary on Posted in NLRBCell phones, iPods, radios, blue tooth earpieces: common electronic gadgets in our world today. Labor professionals frequently must decide how to appropriately regulate the use of these devices in the workplace. This was the problem that confronted the employer in Warren Unilube, Inc., 358 N.L.R.B. No. 92 (July 31, 2012). The employer operated a petroleum products plant. … Continue Reading
