Across the country, it seems there is a renewed interest in organized labor and workers’ wages, both from the public generally and the federal government. As it always has been, the retail space remains a likely proving ground for union activity and agency enforcement.
Continue Reading DOL, NLRB Will Collaborate on Investigations, Share Information
On June 1, 2021, the U.S. Court of Appeals for the D.C. Circuit overturned a NLRB determination that a manager’s incorrect blaming of a union for discrepancies in an employee’s paid-leave time constituted an unfair labor practice.
Continue Reading D.C. Circuit Clarifies Boundaries of Protected Employer Expressions
The COVID-19 pandemic continues to cause uncertainty for employers across the country, but, as the National Labor Relations Board reiterated on September 18, it does not excuse labor law violations.
Continue Reading NLRB Memo Reminds Employers: COVID-19 Does Not Excuse Labor Law Violations
This summer, the National Labor Relations Board (“NLRB” or “Board”) issued several decisions that could have important effects for retailers. This article summarizes two of those decisions and explains how they could impact employers.
Continue Reading The NLRB Continues Its Trend of Employer-Friendly Decisions
As reported on the Hunton Employment & Labor Perspectives blog, the NLRB’s Office of the General Counsel (“the General Counsel”) recently issued an internal directive regarding the manner in which NLRB Regions prosecute duty of fair representation charges against unions. Under the National Labor Relations Act, unions have a duty of fair representation to the members of the bargaining unit it represents by engaging in conduct that is not arbitrary, discriminatory or in bad faith, particularly with regard to the processing of worker grievances.
Continue Reading NLRB General Counsel Elevates Standard for Unions’ Duty of Fair Representation
Many in the labor community are familiar with the Machinists Union’s long running effort to unionize Boeing’s South Carolina-based 787 Dreamliner manufacturing facility. After failing in two previous attempts to organize the entire facility, the Union recently won a bid to organize a “micro-unit” limited to a group of flight line technicians and inspectors.
Continue Reading Business Groups Support Boeing’s Appeal in Controversial NLRB Bargaining Unit Case
In a major win for employers, the U.S. Supreme Court held that arbitration agreements with class action waivers do not violate the National Labor Relations Act.
Continue Reading SCOTUS Holds Class Action Waivers Do Not Violate the NLRA
On January 18, 2018, Hunton’s retail industry lawyers released their annual Retail Year in Review publication. Continue reading for access to the entire publication.
Continue Reading Hunton Publishes Retail Year in Review
On August 2, 2017, the U.S. Senate confirmed one of President Trump’s two management-side appointees, Marvin Kaplan, to the National Labor Relations Board in a contentious vote along party lines. Kaplan was sworn in on August 10, 2017, for a term ending on August 27, 2020.
Continue Reading NLRB No Longer Controlled by Labor Union Appointees
Over the past eight years, the NLRB has been unusually aggressive with its policymaking. Listen to Hunton’s Labor and Employment partners discuss the current state of labor law, the NLRB and how it might change under the current administration. This blog entry contains a link to the video.
Continue Reading The NLRB: Where Have We Been and Where Are We Headed?