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Home > Federal Law Articles > Labor Law

Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).

Top Five Labor Law Developments for April 2022

May 9, 2022 | Jackson Lewis Filed Under: General (Labor Law)

Jackson Lewis

The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board election. In a brief filed on April 11 in Cemex Construction Materials Pacific, LLC, No. 28-CA-230115, General Counsel Jennifer Abruzzo advocates to reinstate the doctrine set forth in Joy Silk Mills, 85 NLRB 1263 (1949), under which an employer faced with signed authorization cards indicating a union’s majority status has no right to insist on a secret ballot election unless it can establish a good faith doubt of the union’s majority status. 

NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count

April 19, 2022 | Ford Harrison Filed Under: Union Organizing

Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to reinstate the Joy Silk doctrine, a Board standard that was rejected more than 50 years ago.

Employers Take Note! Labor’s Resurgence Could be Real this Time

April 19, 2022 | Franczek P.C. Filed Under: Union Organizing

Despite the always shifting pendulum of labor law, unionization rates in the private sector have decreased and remained low since the 1970’s. However, a recent surge of unionization efforts, coupled with unique economic conditions and key initiatives at the National […]

The post Employers Take Note! Labor’s Resurgence Could be


NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful

April 19, 2022 | Franczek P.C. Filed Under: Union Organizing

For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National Labor Relations Board (NLRB) General Counsel Jennifer […]

The post NLRB General Counsel Urges Board to Find


Third Circuit Rules That Arbitration Agreements in CBAs Without Durational Clauses do not Survive the Expiration of the CBAs

April 14, 2022 | Ford Harrison Filed Under: General (Labor Law)

Executive Summary: It is quite rare when a three-judge panel on a court of appeals overrules prior precedent. Yet, that is exactly what happened on March 30, 2022, in Pittsburgh Mailers Union Local 22 v. PG Publishing Co. Inc. (3d Cir. 2022), an important labor law case decided by the Third Circuit (covering New Jersey, Pennsylvania, Delaware, and the Virgin Islands). The question was: does an arbitration clause in a collective bargaining agreement (CBA) survive the expiration of the CBA, and does it remain effective while the parties are attempting to negotiate a new CBA? The court answered that question in the negative.

NLRB’s Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

April 13, 2022 | Ford Harrison Filed Under: NLRB

Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union organizing (which she calls “captive audience” meetings). 

NLRB General Counsel Aggressively Seeks to Expand Unions’ Right to Demand Recognition; Restrict Employer Speech

April 13, 2022 | Littler Filed Under: General (Labor Law)

Littler

National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled jurisprudence.

Top Five Labor Law Developments for March 2022

April 12, 2022 | Jackson Lewis Filed Under: General (Labor Law)

Jackson Lewis

Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal on a five-year collective bargaining agreement (CBA).

Following the Doctor’s Orders: NLRB Decision Prescribes Union Election for Physicians

April 12, 2022 | Littler Filed Under: Union Organizing

Littler

In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in which it held that physicians are not supervisors under the National Labor Relations Act (the Act) simply

Employers Should Take Note of Recent Union Organizing Activities

April 11, 2022 | Jones Walker Filed Under: Union Organizing

In the first quarter of 2022, unions filed over 550 election petitions in the United States, compared with only 290 in the first quarter of 2021. It is the largest first-quarter number filed in the past seven years. While part of the increase can be attributed to the SEIU (Service Employee International Union), which has filed dozens of petitions at Starbucks facilities throughout the United States, many believe that pandemic-induced labor market issues and the rise of worker autonomy have created an opportunity for organized labor.

Labor Attempts to Further Restrict Employers During Rising Union Campaigns

April 10, 2022 | CDF Labor Law LLP Filed Under: Union Organizing

Earlier this week, National Labor Relations Board (“NLRB”) General Counsel, Jennifer Abruzzo released a memo urging Biden’s pro-union Board to declare that employers can no longer hold “captive audience” meetings. “Captive audience” meetings, which are currently permitted, occur when employers hold mandatory meetings, during working hours, to present facts, opinions, and reasons to vote against forming a union during an election campaign.

NLRB General Counsel Abruzzo Seeks to Limit Long-Standing Employer Free Speech Right

April 8, 2022 | Littler Filed Under: NLRB

Littler

On April 7, 2022, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 22-04, The Right to Refrain from Captive Audience and other Mandatory Meetings.

Union Activity is Rising at an Aggressive Rate

April 7, 2022 | CDF Labor Law LLP Filed Under: Union Organizing

Yesterday, the National Labor Relations Board (“NLRB”) put out a press release showing that there has been significant growth in the number of representation petitions being filed for union elections with the Board.

Inhumane Amazon Culture 

March 29, 2022 | Working Solutions NYC Filed Under: Union Organizing

Amazon is notorious for treating their warehouse and transportation employees poorly, but recent allegations have accused Amazon of treating their white collared positions appallingly as well. An anonymous source claims that he took a job with Amazon because of the enticing salary of 300,000 dollars a year, believing that

The Practical NLRB Advisor – Issue 20, Spring 2022

March 23, 2022 | Ogletree Deakins Filed Under: NLRB

In This Issue Brian in Brief More Pro-Labor GC Memos Issued A Slew of Activity at the Board Union Membership Down, Public Opinion Up? Other NLRB Developments

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