Before taking office President Biden identified former Boston Mayor and Building Trades official Martin Walsh as his nominee to serve as Secretary of Labor. Assuming the Senate confirms, the Secretary of Labor will carry significant weight on labor policy and enforcement involving issues including wage and hour, employee benefits, union and management reporting, workplace safety, and hot topic issues such as independent contractor misclassification.
In a 1975 case called NLRB v. J. Weingarten, the U.S. Supreme Court first set forth employees’ rights to representation during an employer interview. Over the past 43 years, these “Weingarten rights” have been refined by the National Labor Relations Board and the courts. Weingarten rights issues still arise and are still litigated. For instance, last year the D.C. Circuit Court of Appeals held that Weingarten rights did not apply when an employee was put on paid suspension pending an investigation (Bellagio v. National Labor Relations Board) or when an employee participated in a non-compulsory interview with a peer review committee (Midwest Division-MMC, LLC. v. National Labor Relations Board).
On February 20th, the United States Supreme Court ruled that in a collective bargaining agreement, no ambiguities should be interpreted by the absence of a provision concerning the duration of retirees’ healthcare benefits. Benefits clearly expire when the collective bargaining agreement itself expires. The Supreme Court’s decision, CNH Indus. N.V. v. Reese, was unanimous.
The National Labor Relations Board is considering modifying its case processing procedures in ways that could benefit employers, according to an internal NLRB memorandum obtained by the paid subscription service Bloomberg Law.
The National Labor Relations Board gained a Republican majority less than three months ago, but has already disposed of many of the prior Administration’s labor law rules. Just this past week, the NLRB issued 13 decisions, including several important rulings favorable to employers. This bevy of rulings is understandable, given that NLRB Chairman Philip Miscimarra, a Republican, retired on Friday.
Last week, the U.S. Senate confirmed Peter Robb as General Counsel for the National Labor Relations Board (NLRB). Robb previously represented employers in labor law matters. As General Counsel, Robb will oversee the NLRB in its headquarters in Washington, DC and in its field offices throughout the country. The NLRB’s former General Counsel, Obama-appointee Richard Griffin, had previously served as ...
A case from New York highlights the distinct labor law challenges for employers trying to do business in both union and non-union markets. In some instances, a company may have decided to set up union and non-union entities to operate independently of each other. In other instances, a unionized employer may have created a non-union entity to try to evade the legal and contractual obligations flowing from a ...
It seems to be increasingly the case that employers find themselves facing conflicting demands from labor unions for assignments of work. Such competing claims are often referred to as jurisdictional disputes. In other circumstances, employers may find themselves faced with a labor union’s claims that the employer does not provide employees with “area standard” wages or benefits. While often ...
On July 24th, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of an antitrust claim against a labor union and a multi-employer collective bargaining association. In International Longshore and Warehouse Union et al. v. ICTSI Oregon, Inc. (9th Cir., July 24, 2017), 2017 WL 3122767, the Court of Appeals held that actions taken jointly by the International Longshore and Warehouse ...
On June 7, the National Labor Relations Board (“NLRB” or “Board”) ruled that a company committed an unfair labor practice by unlawfully interrogating and discharging an employee. Specifically, in RHCG Safety Corp. and Construction & General Building Laborers, Local 79, LIUNA, 356 NLRB No. 88, 2017 WL 2497155, the NLRB found National Labor Relations Act (“Act”) violations when a supervisor sent an employee a text message inquiring about the employee’s union activity, and then told him there was no work for him.
Other AALRR Blogs
- NLRB Policy Shakeup: President Biden’s Notable Changes at the NLRB Could Signal a Change in Board Policy for Years to Come
- Labor Law Change Coming Soon in Biden Administration
- Private-Sector Employers Unaffected by the Supreme Court’s Janus Decision on Union Dues
- FAQ re Employees’ Weingarten Rights to Representation
- NLRB Vacates Its Hy-Brand Ruling on Joint Employer Liability
- U.S. Supreme Court Holds That Retirees’ Healthcare Benefits Clearly Expire When the Underlying Collective Bargaining Agreement Expires
- New Memo Reveals NLRB Is Considering Procedural Changes Potentially Beneficial to Employers
- Trump Selects Republican John Ring for the NLRB
- NLRB Overrides Specialty Healthcare and Returns to Prior Bargaining Unit Standard
- NLRB Issues Three Major Rulings Favoring Employers