Labor Law - Collective Bargaining

Earlier this week, the House passed the Faster Labor Contracts Act (FLCA) after supporters successfully utilized a discharge petition, a rarely used procedural tool that allows legislation to reach the House floor despite leadership opposition, to call for a vote.

The U.S. House of Representatives passed the Faster Labor Contracts Act (FLCA), which would require strict deadlines for commencing collective bargaining and mandatory arbitration for employers negotiating with unions for initial collective bargaining agreements. After passing with a bipartisan 230-193 House vote, the bill heads to the Senate, where its corresponding version has Democratic and Republican co-sponsors. If passed and enacted, the FLCA would require employers to begin negotiations …

On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit rejected the National Labor Relations Board’s (NLRB) controversial Biden-era framework—known as the Cemex standard—that empowered the Board to order employers to bargain with unions whenever the Board determined that employer miscondu

NLRB Declines to Overrule Ex‑Cell‑O : What Employers Should Know In a closely watched development, the National Labor Relations Board has declined to overrule Ex‑Cell‑O Corp ., 185 NLRB 107 (1970), preserving a 56‑year‑old framework that limits remedies when an employer refuses to bargain to test a

Littler attorneys discuss the Faster Labor Contracts Act and how it will potentially amend the National Labor Relations Act (NLRA).

By: NLRB Reinstates Prior “Clear and Unmistakable” Standard For Waivers of Statutory Right to Bargain On December 10, 2024, the National Labor Relations Board (“NLRB”) delivered its decision in Endurance Environmental Solutions, LLC (Case 09-CA-273873 ), reinstating a prior NLRB standard pertaining

A recent Sixth Circuit decision provides some guidance to employers regarding bargaining obligations during exigent circumstances like the COVID-19 pandemic or other public health emergencies. In general, an employer can make unilateral decisions to address unforeseen circumstances that have a major

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door for unions to hold employers hostage by dragging out collective bargaining.

In Noah’s Ark , the Board combined remedies it can impose on an employer that engaged in repeated unfair labor practices. The decision may predict the expansion of remedies for bad-faith bargaining. The decision follows the trend of increasingly punitive and extraordinary remedies being implemented

The National Labor Relations Board has issued a decision that could be of significant aid to organized labor in reorganizing the construction industry. American Steel Construction Inc. and Iron Workers Local 25 , 372 NLRB 23 (2022) .

In a decision dated September 30, 2022, the National Labor Relations Board ruled that employers must continue to collect voluntarily authorized union dues from the paychecks of employees after the expiration of the agreement.

Executive Summary : On October 3, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reversed its previous ruling from 2019 and held that a union dues checkoff provision should be treated as part of the status quo that the employer cannot unilaterally change following contra

The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to bargain in good faith with the union. District Hospital Partners, L.P. , 370

More than five years and a pandemic later, the National Labor Relations Board (NLRB) has clarified a successor employer’s union bargaining obligations regarding layoffs under the National Labor Relations Act. Tramont Manufacturing, LLC , 369 NLRB No. 136 (July 27, 2020).

The National Labor Relations Board (NLRB) recently overturned a 2016 decision holding that an employer violates Sections 8(a)(5) and (1) of the National Labor Relations Act (NLRA) by failing to provide notice and an opportunity to bargain to a newly elected union prior to disciplining unit members.

On June 23, 2020, the National Labor Relations Board issued its decision in 800 River Road Operating Company, LLC d/b/a Care One at New Milford , 369 NLRB No. 109 (2020), holding that employers have no duty to bargain over serious employee discipline imposed before the negotiation of a collective

The National Labor Relations Board (NLRB) has ruled an employer does not have a duty to provide a union with relevant information that contains confidential material if the union has refused the employer’s offer to bargain over ways to protect its legitimate confidentiality interests. Oncor Electric

The National Labor Relations Board (NLRB) has held that an employer did not violate the National Labor Relations Act (NLRA) when it unilaterally changed retirees’ medical benefits without first negotiating with the unions that represented its employees. E.I. Du Pont De Nemours and Co., 368 NLRB No.

While I-9 compliance is important, companies cannot forget about other labor and employment laws. In May 2018, a meatpacking company in Illinois was caught between ICE and the National Labor Relations Board.

An employer lawfully unilaterally implemented a stricter tardiness and absentee policy even though a union had recently won an election to represent its workers, according to a memorandum released by the National Labor Relations Board General Counsel’s Division of Advice. Cott Beverages, Inc., No. 1