On December 10, 2024, the National Labor Relations Board (NLRB or “the Board”) took advantage of its Democratic majority in the waning days of the Biden administration to issue its decision in Endurance Environmental Solutions, LLC, and overturn a Trump-era standard that had strengthened management rights clauses in collective bargaining agreements.Continue Reading NLRB Weakens Ability of Employers to Rely on Management Rights Clauses in Collective Bargaining Agreements . . . For Now
On August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) rejected an employer-friendly standard in favor of a modified and significantly less employer-friendly standard when evaluating whether a workplace rule violates the National Labor Relations Act (“NLRA”). Stericycle, 372 NLRB No. 113 (2023). In recent years, the Board’s opinion of what constitutes interference, restraint or coercion under the NLRA has changed depending on who is in the White House or on the Board. This new ruling confirms the Board’s intention to increase scrutiny of employer’s workplace rules and policies.Continue Reading NLRB to Start Scrutinizing Employer Policies More Closely
On Thursday, June 1, 2023, the U.S. Supreme Court, in an 8-1 decision, held that the National Labor Relations Act does not prevent an employer from suing a labor union in state court for alleged intentional destruction of property during a strike. In Glacier Northwest, Inc. v. International Brotherhood. of Teamsters Local Union No. 174, the company filed a lawsuit in state court in Washington alleging that the union coordinated with truck drivers to time their strike so mixed concrete would harden and potentially damage the company’s trucks. The Washington Supreme Court held that the National Labor Relations Act preempted state law and blocked the lawsuit from proceeding. The U.S. Supreme Court reversed.Continue Reading Supreme Court Allows Employer to Sue Union. Is that a big deal?