By Patrick Scully In another stunning and sweeping decision, The National Labor Relations Board (“NLRB” or “Board”) has overturned the “clear and unmistakable” waiver test and concluded that employers may make unilateral changes to terms and conditions of employment “covered” by an existing collective bargaining agreement. For decades, employers had negotiated lengthy “management rights clauses” […]
Tag: Labor
NLRB Body Blow: Union’s Lobbying Not Chargeable To Nonmember Employees
By Patrick Scully The National Labor Relations Board (“NLRB” or “Board”) has ruled that unions cannot charge nonmember represented employees for union lobbying expenses. Under the Supreme Court’s decision in Communication Workers v. Beck, 487 U.S. 735 (1988), nonmember represented employees can only be charged “representational fees” in states that permit ‘union security’ (compelled payment […]
No More Splitting The Check For “Fair Share” Public-Sector Union Fees
By Alyssa Levy On June 27, 2018, the U.S. Supreme Court overturned a 41-year-old standard set in Abood v. Detroit Board of Education. Under Abood, when a union became the exclusive bargaining representative for a group of public employees, those public employees who chose not to belong to the union could still be required to […]
Move Over EEOC: Time for an NLRB Benchslap
“Just John” Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our focus to the NRLB and a recent case it litigated in federal court in Arizona. In […]
SOX Un-Boxed
By Bill Wright Prepare for DOL whistleblower litigation. The Supreme Court has ruled on the scope of the Sarbanes-Oxley Act whistleblower provision. According to SCOTUS, SOX allows any employee to bring a whistleblower complaint, so long as the employer does business with a publicly-traded company. At the extreme edge, as the Justices noted, this means, […]