Yesterday, a California State Assembly Committee killed a bill that would have extended collective bargaining rights to a larger group of state employees – namely, legislative staffers. Existing state law excludes certain state employees from collective bargaining. The Legislature Employer-Employee Relations Act would “provide employees of the Legislature the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations.” If passed, the bill would extend collective bargaining rights to nearly 2,000 California legislative employees. California’s Public Employment and Retirement Committee rejected the bill in a 2-3 vote this Wednesday, due to unresolved “procedural, legal, and administrative problems,” according to the Committee Chair.
On June 24, 2022, the NLRB sought an order forcing an employer who refused to negotiate with a certified union to pay back wages and benefits to employees that they allegedly could have earned absent the delay in bargaining during the time the employer appealed the NLRB’s certification of the union as the exclusive bargaining representative in federal court. …
Continue Reading If Employers Test Union Certification and Lose, Will They Have to Pay?
The COVID-19 pandemic continues to cause uncertainty for employers across the country, but, as the National Labor Relations Board reiterated on September 18, it does not excuse labor law violations.
Continue Reading NLRB Memo Reminds Employers: COVID-19 Does Not Excuse Labor Law Violations
On July 27, 2020 the NLRB issued a supplemental decision involving a labor law successor employer, which unilaterally implemented terms and conditions of employment prior to commencing operations. The question presented was whether and to what extent the successor could take further unilateral action, free of the duty to bargain with the union.
Continue Reading NLRB Clarifies Successor Employer’s Duty to Bargain Over New Employment Terms
In an October Advice Memorandum, the Office of the General Counsel for the NLRB (General Counsel) concluded that a union’s continued actions of unlawful insistence are not a refusal to bargain if bargaining negotiations have ceased.
Continue Reading Unlawful Actions May Become Lawful When Negotiations Conclude
On September 20, 2019, the NLRB issued a notice of proposed rulemaking to exclude undergraduate and graduate students who perform paid work for private colleges and universities in connection with their studies from the definition of employee under the National Labor Relations Act. The proposed rule would prevent undergraduate and graduate teaching assistants from unionizing or collectively organizing.
Continue Reading NLRB Issues Proposed Rule That Grad Students Cannot Unionize
In Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), the NLRB adopted a new framework for determining a union’s representative status once an employer has made a lawful anticipatory withdrawal of recognition based on disaffection evidence that the union has lost its majority status. Specifically, under Johnson Controls, a union seeking to demonstrate that it has reacquired majority status must do so in a secret ballot election conducted by the Board, rather than in an unfair labor practice proceeding. …
Continue Reading NLRB Adopts New Framework in Cases of Employer Withdrawal of Union Recognition
The Board’s recent decision in Merck, Sharp, & Dohme Corp., 367 NLRB No. 122 (May 7, 2019) highlights the differences that can arise as a result of the collective bargaining process in the terms and conditions of employment for employers with a divided workforce of non-union and union-represented employees. In Merck, the Board majority reversed the Administrative Law Judge’s ruling that the employer had violated Section 8(a)(3) and (1) by offering a new, one-time paid holiday, “Appreciation Day” to all of its non-union employees to the exclusion of its union-represented employees. …
Continue Reading NLRB Rules That Employer’s Exclusion of Union Employees From Paid Holiday Granted to Non-Union Employees is Lawful
The National Labor Relations Board issued a decision recently that serves as a reminder to employers of their bargaining obligations upon implementing changes to their business.
Continue Reading NLRB Provides Refresher On Decision Bargaining Obligations
In a brief filed on September 7, 2016, the National Labor Relations Board urged the United States Court of Appeals for the District of Columbia Circuit to uphold its new “joint employer” standard, set forth in Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015). Through this new standard, the Board now seeks to impose collective bargaining and other NLRA obligations on companies that may indirectly control certain conditions of employment, or that merely reserve (but do not exercise) such control. …
Continue Reading Briefing Continues in Browning-Ferris Appeal