Labor Law - Unfair Labor Practices

On October 13, 2023, the National Labor Relations Board (NLRB) released its case filing data for fiscal year (FY) 2023. For the Board, the fiscal year runs from October 1 through September 30.

Daniel Schudroff comments on a recent National Labor Relations Board ruling that laid out a list of harsher remedies it will consider using against repeat violators of the National Labor Relations Act In "NLRB Offers Guide For Remedies Against Repeat Violators," published by Law360 .

In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board concluded that an employer created an “unlawful impression of surveillance” by viewing camera footage of an employe

In a 3-2 decision, the National Labor Relations Board (NLRB) has expanded its own authority to order consequential damages in all cases in which “make whole” relief is appropriate. Thryv, Inc . , 372 NLRB No. 22 (Dec. 13, 2022).

On October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section 8(a)(5) of the National Labor Relations Act (NLRA) by engaging in a pattern of delay intended to frus

After less than two months in office, new National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo has urged broad pro-union changes in NLRB case law and has mandated more aggressive remedies in unfair labor practice (ULP) cases. In a September 15, 2021, memo Abruzzo has now taken

Whether an employer’s unilateral change to employee procedures violates the National Labor Relations Act (NLRA) is determined by whether the change “falls within the compass or scope of contract language that grants the employer the right to act unilaterally,” the National Labor Relations Board (NLR

The National Labor Relations Board (NLRB) has explained the “past practice” analysis it applies in determining whether a unionized employer’s unilateral actions constitute an unlawful change under the NLRB’s decision in Raytheon Network Centric Systems , 365 NLRB No. 161 (2017). ABF Freight System,

The Division of Judges of the National Labor Relations Board (NLRB) has announced it is going to resume holding unfair labor practice hearings beginning on June 1, 2020. The Division had postponed all hearings during May for COVID-19-related reasons. It appears the NLRB expects to hold most hearings

A union’s dues check off authorization card that unduly restricted an employee’s right to resign union membership violates Section 8(b)(1)(A) of the National Labor Relations Act (NLRA), the National Labor Relations Board’s (NLRB) Division of Advice has decided. Laborers’ Local 980 (Tutor-Perini Corp

The Department of Labor recently issued a fact sheet intended to help employers understand their retirement plan obligations under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). The law provides that eligible employees that return to employment following qualified

Many employers loathe the prospect of unionization due to the potential of a union hampering such employer’s ability to make operational changes to adapt to business demands. Many employers signatory to a collective bargaining agreement experience firsthand the restrictions of antiquated contract la

How the NLRB analyzes defenses to unilateral change unfair labor practice charges may be in for a substantial revision.

The United States Court of Appeals for the District of Columbia Circuit has refused to enforce a National Labor Relations Board order that a company violated the National Labor Relations Act by warning a union steward not to make “frivolous” information requests in the future. Dover Energy, Inc. v.

An administrative law judge (ALJ) recently ruled that a New Jersey hospital violated the National Labor Relations Act by failing to respond to the union’s request for information and by unilaterally changing the dress code for nurses without giving the union notice or an opportunity to bargain.