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NLRB Awards Bargaining Expenses To Union

In a recent case, the Court of Appeals for the 9th Circuit enforced an order of the National Labor Relations Board (“NLRB” or “Board”) requiring an employer to reimburse the union for the expenses that the union incurred during collective bargaining negotiations. NLRB v. Ampersand Publishing, 9th Cir., No. 21-71060, 8/11/22.  The bargaining negotiations expenses included the […]

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JM
Of Counsel

Union Elections by Mail — Mail-Ballot Solicitation

In a very recent case, the National Labor Relations Board (“NLRB”) confronted the issue of whether a party engages in objectionable conduct if, during a union election campaign, it engages in mail-ballot solicitation. The case is of interest to employers given the introduction of laws that favor and promote union organizing (see March 15, 2021 Alert […]

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JM
Of Counsel

Judge Red Cards U.S. Women’s Soccer Team’s Equal Pay Claim

The U.S. Women’s National Soccer Team’s (“WNT”) battle to increase pay in line with that afforded to the U.S. Men’s National Soccer Team (“MNT”) was dealt a blow last Friday as a judge dismissed their Equal Pay Act (“EPA”) claim. The WNT has dominated the MNT in nearly every aspect of U.S. soccer, from match results, […]

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Employers May Discontinue Checkoff of Union Dues at Expiration of Union Contract

In a December 16, 2019 decision, the National Labor Relations Board (Board) held that employers’ statutory obligation to checkoff union dues pursuant to their union contracts ends when said contracts expire. Overruling relatively recent precedent, the Board based its decision on the principle that there is no independent statutory obligation to check off and remit dues […]

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JM
Of Counsel

The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of employment affecting the unionized employees, without first providing the union notice and a meaningful opportunity to bargain about the change to agreement […]

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JM
Of Counsel

Intermittent Strikes Are Not Protected

A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. [1] The NLRB  reaffirmed established law that a series of short duration strikes, pursuant to a strategy of returning to work from a strike […]

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JM
Of Counsel

Employers May Prohibit Non-Employees From Organizing On The Employers’ Property

On Friday, June 14, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued a decision of significance to employers. In particular, the NLRB decision affects employers, such as  hospitals and hotels, that have areas of their property open to the public. Reversing established precedent, the Board held that employers may prohibit non-employee union representatives  […]

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JM
Of Counsel

The April 2019 Snell & Wilmer “Under Construction” Newsletter Out

The spring edition of Snell & Wilmer’s Under Construction newsletter has been published. See here. The Labor and Employment team contributed to this issue. Walker Crowson provides a useful overview of New Mexico’s construction law. While Jerry Morales addresses picketing threats which have affected many construction projects.

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Union Dues Checkoff: Update from NLRB

A recent Memorandum issued by  the General Counsel (GC) of the National Labor Relations Board (NLRB)  (GC 19-04, February 22, 2019), discusses issues  of importance to all employers and in particular to employers that have union contracts that provide for union dues-checkoff. In the Memorandum, the GC reminds the NLRB Regions that the Labor Management […]

JM
Of Counsel