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
On April 4, 2023, the National Labor Relations Board signaled that it might allow employees to recover damages stemming from employers refusing to follow bargaining orders pending appeal. In Hudson Institute of Process Research, 372 NLRB No. 73 (April 4, 2023), the Board ruled that the employer unlawfully failed to
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: Bryan Bienias
This week, the Eighth Circuit Court of Appeals joined the Sixth Circuit in deferring to the NLRB’s Specialty Healthcare standard for determining appropriate bargaining units in union representation cases. The decision is yet another victory for unions seeking to quickly organize relatively small units of employees.
The case, FedEx Freight v. NLRB
On April 14, the NLRB found that a California hospital had repeatedly failed to bargain in good faith with a union representing its registered nurses and that an order requiring the hospital to reimburse the union for six months of negotiating expenses was warranted. Fallbrook Hospital Corp., 360 NLRB
In Dover Hospitality Services, Inc., 358 NLRB No. 84 (July 12, 2012), the NLRB upheld a decision by ALJ Steven Fish that serves as a reminder to employers that they need to be careful about what they say at the bargaining table when it comes to the cost of