Labor

Expert Analysis

• NLRB Saves Scabby But Must Go Further On Free Speech

  

  The National Labor Relations Board recently reaffirmed that unions have the right to display banners and the rat-shaped balloon Scabby on public property near a work site shared by multiple employers, but the absence of full First Amendment protection for peaceful labor picketing has become increasingly untenable in view of U.S. Supreme Court decisions, says Catherine Fisk at the University of California.

• How Purchasers, Debtors Can Navigate CBAs In Bankruptcy

  

  As commercial bankruptcy filings rise, debtor and purchasing employers have several available tools to modify or eliminate preexisting collective bargaining agreements, with nuanced considerations established by the Bankruptcy Code and case law, says Stephania Sanon at McDermott.

• Lessons On Protected Conduct From Starbucks NLRB Ruling

  

  A recent National Labor Relations Board ruling against Starbucks, finding that the company violated the National Labor Relations Act, helps to illustrate examples of protected conduct and highlights some best practices for employers considering adverse action against employees who have engaged in union activities, says Geoff Gilbert at Constangy Brooks.

• DC Circ. Labor Ruling Is A Win For Employer Free Speech

  

  The D.C. Circuit’s recent decision overturning the National Labor Relations Board's finding that a Trinity Services manager's misstatements blaming the union for paid leave issues amounted to an unfair labor practice preserves workplace free speech, but reminds employers to uphold certain best practices when communicating with workers, say Scott Nelson and Lukas Moffett at Hunton.

• NLRB Can Bypass Senate Gridlock To Impose Labor Reforms

  

  The Protect the Right to Organize Act, which would dramatically expand federal labor law and is endorsed by the Biden administration, is likely to fail in the Senate, but there are many elements of the pro-union bill that may be implemented by the National Labor Relations Board without legislation, say attorneys at Jackson Lewis.

• Justices' Cedar Point Ruling May Inspire More Takings Claims

  

  The U.S. Supreme Court's decision in Cedar Point Nursery v. Hassid, finding that a California law granting union organizers access to private property was a government taking, provides landowners with a new weapon to fight a broad range of government regulations, says Ryan Sugden at Stinson.

• What High Court Union Access Ruling Means For Employers

  

  In Cedar Point Nursery v. Hassid, the U.S. Supreme Court recently overturned a California law that required growers to grant union organizers access to their property, offering a new avenue of attack against such union invasions of an employer’s property, including those protected by other California statutes, say Keahn Morris and Mark Ross at Sheppard Mullin.

• How Proposed Ill. Amendment Would Change Union Rights

  

  This fall, Illinois voters will decide on a proposed collective bargaining amendment to the state constitution, which if enacted would significantly expand both public and private sector bargaining rights, raising questions about federal preemption, union security and more, say Jennifer Jones and Tanja Thompson at Littler. 

• PRO Act Could Chill Attorney-Client Interactions

  

  The proposed Protecting the Right to Organize Act threatens to discourage employers from seeking legal counsel by requiring them and their advisers to file public reports with the U.S. Department of Labor about even indirect contact with employees regarding union organizing or collective bargaining, say Shari Klevens and Sarah Phillips at Dentons.

• DC Circ. Ruling Illustrates Bounds Of NLRB Authority

  

  The D.C. Circuit’s recent remand of a National Labor Relations Board business restoration order in RAV Truck v. NLRB exemplifies limitations to the board’s remedial authority, while the court’s finding that adverse employment decisions violated federal labor law highlights what companies shouldn't do when union activity occurs, say Terry Potter and Tracey O'Brien at Husch Blackwell.

• What CDC's New Mask Guidance Means For Employers

  

  Following the Centers for Disease Control and Prevention’s recent assertion that people vaccinated for COVID-19 no longer need to wear masks, employers contemplating relaxed workplace policies should consider state and local rules, what percentage of their workforce is vaccinated, and factors unique to their physical setup, says Scott Allen at Foley & Lardner.

• Justices Should Focus On Property Rights In Union Case

  

  Questions from U.S. Supreme Court justices in the recent Cedar Point Nursery v. Hassid oral argument indicate that the court may be missing the real issue, and corresponding remedy, in the union access case — the constitutionality of uncompensated property taking, says Michael Berger at Manatt.

• 3 Decisions A Biden NLRB Will Likely Overturn

  

  When the National Labor Relations Board transitions to a Democratic majority under President Joe Biden, there will be strong opportunities to overturn pro-employer decisions concerning management rights, employee micro-units and the review standard for workplace policies, says Daniel Johns at Cozen O'Connor.