Seyfarth Synopsis: The NLRB’s General Counsel seeks to impede an employer’s ability to extract a union that lacks the support of a majority of bargaining unit members by requiring in all cases a decertification election prior to withdrawal of recognition absent union agreement.
NLRB General Counsel Richard Griffin wants the…
By: Ashley K. Laken, Esq.
On Monday, the NLRB held in a 3-0 decision that an employer unlawfully withdrew recognition from a union and that an affirmative bargaining order was warranted as a remedy. Pacific Coast Supply, LLC, 360 NLRB No. 67. Although the decision does not create any new law, it serves…
By: Bryan Bienias, Esq.
After seven long years of litigation, the D.C. Circuit last Tuesday unanimously held that auto part manufacturer Tenneco Automotive Inc. (“Tenneco”) lawfully ceased to recognize Local 660 of the United Auto Workers union (“Local 660” or “Union”) after the Union’s sixty-one years as the bargaining representative of employees at one…
In NLRB v. Arkema, Inc., the Fifth Circuit Court of Appeals recently dealt the Board a setback, finding that the employer (Arkema) did not violate the National Labor Relations Act when it disciplined a union-supporter for threatening another employee before an election and when it distributed an anti-harassment reminder to…
By: David L. Streck
On November 27, 2012, in Erie Brush and Mfg. Corp. v. NLRB, the D.C. Circuit Court of Appeals vacated an NLRB decision and order finding that an employer violated the National Labor Relations Act by refusing to bargain, and held that “the evidence overwhelmingly points to the existence of impasse….”…
