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
The Supreme Court Rejects a Watered-Down Approach to Preliminary Injunctions
On June 13, 2024, the United States Supreme Court held that when considering the National Labor Relation Board’s (the “Board” or “NLRB”) request for a preliminary injunction under Section 10(j) of the National Labor Relations Act (the “NLRA”), district courts must apply the traditional four-factor test for injunctive relief rather than a less stringent two-factor test used by many courts in evaluating the Board’s injunction requests. Starbucks Corp. v. McKinney, No. 23-367 (See here).Continue Reading Can I Please Get Four Shots of Espresso Instead of Two?