By: John Phillips and Ken Dolin
Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful conduct away from the bargaining table, (2) not even one of the employer’s proposals being unlawful
By: Cary Burke and Olivia Jenkins
As labor watchers have come to expect over the past few years, the National Labor Relations Board saved some of its most consequential decisions for release in late December. In a slew of rulings, the Board significantly broadened the categories of damages available to aggrieved employees, re-opened the door
By: John Phillips and Vanessa Rogers
Seyfarth Synopsis: The City of Houston is raising the minimum wage for employers with covered contracts, subcontracts, and concession agreements at George Bush Intercontinental Airport, William P. Hobby Airport, and Ellington Airport. Under Mayor Sylvester Turner’s new executive order, the minimum wage will increase to $13.00/hour on April 1
By: Ashley Cano
On February 4, 2022, President Biden signed an Executive Order that mandates the use of project labor agreements (“PLAs”) on federal construction projects valued at or above $35 million. PLAs are pre-hire collective bargaining agreements between contractors and labor unions that set the terms and conditions of employment for a specific construction
By: Jennifer L. Mora and Jeffrey A. Berman
The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth in a multi-part series discussing how Chairman McFerran’s dissents are likely to
Seyfarth Synopsis: As the BLS reported more strikes in 2019, employers going into bargaining in 2020 should really consider preparing for the possibility of a work stoppage.
The federal Bureau of Labor Statistics issued its annual report of “major work stoppages” in 2019 and the data shows there were 25
By: Molly Clayton Mooney, Esq.
Seyfarth Synopsis: On September 10, in a 3-1 decision, the NLRB in MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), adopted the “contract coverage” standard in replacement for its previous “clear and unmistakable waiver” standard for determining when a collective bargaining agreement allows an employer to take unilateral
By: Paul Galligan and Samuel Sverdlov
Seyfarth Synopsis: The NLRB’s Office of General Counsel has issued an Advice Memorandum stating that an employer lawfully refused a union’s information request regarding its tax cut savings during bargaining.
During collective bargaining, employers often deal with an uncomfortable dilemma — comply with invasive and overbroad information requests from
On December 28, a panel of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), in a 2-1 decision (Browning-Ferris Indus. of Cal. v. NLRB, No. 16-1028), invalidated the National Labor Relations Board’s (NLRB or Board) controversial joint employer test adopted in Browning-Ferris, 362 NLRB No. 186
Seyfarth Synopsis: In September 2018, the NLRB released its new proposed rule regarding the joint employer standard. The NLRB extended the comment period twice since the release of the new proposed rule. Comments are now due on or before January 14, 2019.
Individuals waiting on pins and needles in anticipation of
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