Tag Archives: Union

NLRB’s New Joint Employment Rules Fail . . . But Live to Fight Another Day

NLRB
No matter your political persuasion, there is little argument that during the second term of the previous administration, multiple federal agencies made landscape-altering changes to federal labor policy. These changes included rewriting guidance on independent contractor standards and accelerating the speed at which union organizing elections would occur following the filing of a representation petition.  … Continue reading this entry

Joint Employer Rule: Is Guidance on the Way?

As we have previously discussed, in its 2015 “Browning Ferris” decision, the National Labor Relations Board (NLRB) set a new standard for determining whether two entities are joint employers under federal labor law.  Since then, employers have faced a rocky road in trying to understand the implications of this standard.  Long-awaited guidance may finally be … Continue reading this entry

Have a Management Rights Clause? It May Not Save You from Bargaining with the Union

Many union employers insist on strong management clauses in their labor agreements. Such clauses contain language reserving for the employer the right to adopt new rules and regulations.  A reasonable employer may assume that this language gives the company the right to adopt rules and regulations without first bargaining with its union. A recent decision … Continue reading this entry

Changing Past Practices – You Might Already Have the Right to do What You Want

Employers frequently find themselves in a situation where they have the right to do something under their labor agreements, but they have not been exercising the right. For example, the labor agreement might provide: “There shall be no pyramiding of overtime,” but under the employer’s pay practices, the employer has in fact been pyramiding (counting … Continue reading this entry

Brady's Benching Gives Lesson in Court Review of Arbitration Decisions

Earlier this week, Bills and Jets fans (and at least one Packer fan) rejoiced as the Second Circuit Court of Appeals reinstated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady based on a finding that Brady had participated in a scheme to deflate footballs and attempted to cover it up. In the … Continue reading this entry

The Union Is Knocking at My Door: What Can I Say?

Any employer who has been through an initial union organizing drive is probably familiar with the mnemonic “TIPS.” During a union organizing drive an employer’s managers should avoid: Threats Interrogating employees about their pro- or anti-union leanings Promising benefits if employees will vote against a union Soliciting grievances from employees in an attempt to fix … Continue reading this entry