Labor RelationsBlog Posts
Labor Day 2022 Shows Union Activity at Highest Level in DecadesLabor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings have increased by 58% in the first nine months of 2022, compared with the same time period in 2021, according to a Board... Continue ReadingSeptember 15, 2022 |
California Court of Appeal Upholds Construction Industry CBA Exemption from PAGAThe California Court of Appeal for the Second Appellate District upheld the construction industry collective bargaining agreement exemption to the Private Attorneys General Act (PAGA) in Oswald v. Murray Plumbing and Heating Corporation. Labor Code Section 2699.6 Under Labor Code section 2699.6, construction employees who perform work under a valid collective bargaining agreement (CBA) in effect... Continue ReadingSeptember 13, 2022 |
Top Five Labor Law Developments for August 20221. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher than unionized employers for the 12-month period ending June 2022. Overall, total wage and benefit costs for private-industry firms increased 5.5%, but non-unionized... Continue ReadingSeptember 9, 2022 |
NLRB Rules Employers Cannot Restrict Employees’ Right to Display Union InsigniaOn August 29, 2022, the National Labor Relations Board (NLRB) issued a decision finding that absent special circumstances, employers may not enforce dress codes or uniform policies that interfere with employees’ right to display union insignia. 371 NLRB No. 131 (Aug. 29, 2022). The NLRB’s decision is a return to a more restrictive precedent for... Continue ReadingSeptember 8, 2022 |
Top Five Labor Law Developments for July 2022The National Labor Relations Board clarified its rerun election procedures in cases of uncontested election misconduct. Dynamic Concepts, 371 NLRB No. 117 (July 22, 2022). After losing an election to represent the employer’s workers, the union filed objections alleging unlawful employer election conduct. The employer agreed to a rerun election, but the parties could not agree on... Continue ReadingSeptember 1, 2022 |
Alabama Court Temporarily Enjoins All Picketing in Mine Workers StrikeStrikes have been in the news recently. Employers faced with a strike, or a possible strike, often wish to know their legal options, including whether they may seek injunctive relief. The short answer is that federal law prohibits courts from enjoining employees’ exercise of their right to lawfully strike. However, courts may enjoin unlawful strike... Continue ReadingDecember 13, 2021 |
Build Back Better Act Update: Committee Releases Labor Provisions for Inclusion in Senate VoteThe Build Back Better Act passed the House on November 19, 2021. It contains controversial provisions on many subjects, including new employer penalties under the National Labor Relations Act (NLRA). On December 11th, the Senate Committee on Health, Education, Labor, and Pensions released its version of the provisions of the Build Back Better bill on... Continue ReadingDecember 13, 2021 |
UPDATE House Passes Build Back Better Bill Retaining Heavy New Penalties for Employer NLRA ViolationsThe media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor Relations Act (NLRA). It appeared that some of the most aggressive of those penalties would not reach the final bill voted on... Continue ReadingNovember 22, 2021 |
Build Back Better Reconciliation Bill Includes Heavy New Penalties for Employer Violations of NLRAThe media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor Relations Act (NLRA). The political roadblock on the bill is a probable Senate filibuster which would prevent passage. The Biden... Continue ReadingOctober 29, 2021 |
GC Abruzzo’s Aggressive Remedial Agenda BeginsOn October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section 8(a)(5) of the National Labor Relations Act (NLRA) by engaging in a pattern of delay intended to frustrate the bargaining process, according to the NLRB... Continue ReadingOctober 19, 2021 |