Timothy J. RyanBlog Posts

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  • What Manufacturing and Other Employers Can Expect From Biden National Labor Relations Board

    Through its decisions, the five-member National Labor Relations Board interprets the National Labor Relations Act. These decisions set rules that regulate unionized and non-unionized workplaces, including the relationship between employers and organized labor and the rights of employees to engage in concerted activities. With President Joe Biden’s appointees taking their seats, the Board’s Democratic majority... Continue Reading
    September 30, 2022
  • Third Time the Charm? NLRB to Revisit Rights of Contractor Employee Access to Employer Property

    The National Labor Relations Board (NLRB) must reconsider its newest ruling on the rights of certain employees to access private property to engage in activity on behalf of a union, the U.S. Court of Appeals for the District of Columbia has directed in an August 31, 2021, decision remanding NLRB v. Local 23, American Federation... Continue Reading
    September 10, 2021
  • Bargaining Power Restored: NLRB Holds Dues Checkoff Ends at Contract Expiration

    The National Labor Relations Board has held that an employer has no obligation to continue deducting union dues from employee paychecks pursuant to a dues checkoff provision in a collective bargaining agreement (CBA) after the CBA expires. Valley Hospital Medical Center, 368 NLRB No. 139 (Dec. 16, 2019). Chairman John Ring and Members William Emanuel... Continue Reading
    December 17, 2019
  • Discharge of Employee Who Protested Illegal Policy By Himself Ran Afoul of NLRA, Federal Appeals Court Rules

    An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National Labor Relations Board order. National Labor Relations Board v. Long Island Ass’n for AIDS Care, Inc., No. 16-2325 (2d … Continue Reading The post Discharge of Employee Who Protested Illegal Policy By Himself Ran Afoul of NLRA, Federal Appeals Court Rules appeared first on Labor & Collective Bargaining.
    September 19, 2017
  • NLRB Signals More Trouble Ahead For Employers That Misclassify Employees

    For a variety of reasons, employers may prefer to treat those who provide services to them as independent contractors rather than employees. However, when employers exercise a sufficient level of control over the ostensible independent contractors (as outlined in various “factor” tests), they may be considered employees under the law. If that happens, employers can … Continue Reading The post NLRB Signals More Trouble Ahead For Employers That Misclassify Employees appeared first on Labor & Collective Bargaining.
    September 23, 2016