Tag Archives: Union

To Deduct or Not To Deduct – NLRB Revisits Union Dues Checkoff Post-CBA Expiration

By Pat Muldowney and Nailah Bowen on October 17, 2022 Posted in NLRB

Whether employers must continue to deduct union dues from employees’ paychecks and forward such deductions to the union (i.e., a “dues checkoff” provision) after the expiration of a collective bargaining agreement (CBA) is of critical importance in the negotiation process. Not having to deduct union dues is a powerful weapon for an employer to force … Continue Reading

Stacking the Deck: NLRB General Counsel Seeks Union-Friendly Labor Law Reform in Card Check Recognition Procedure

By Christian White and Carlos Torrejon on May 11, 2022 Posted in NLRB

In what can only be viewed as tilting the odds in favor of organized labor, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo recently filed a brief with the five-member, Democratic-controlled Board in a case pending on appeal – Cemex Construction Materials Pacific, LLC – to request the reinstatement of the Joy Silk doctrine. … Continue Reading

The First Domino to Fall? NLRB Solicits Public Input on Test for Determining Appropriate Bargaining Units

By Todd Dawson and Christian White on December 13, 2021 Posted in NLRB

In a somewhat ominous sign of things to come, the National Labor Relations Board (NLRB or the Board) has invited briefing on whether to change the test for determining whether a union has proposed an appropriate employee voting group (i.e., a “voting unit”) in petitioning for an NLRB representation election. The current standard that applies … Continue Reading

Not So Fast … the NLRB’s New General Motors Standard Isn’t a Rubber Stamp for Discipline in Cases Involving Offensive Speech

By Christian White on September 3, 2021 Posted in NLRB

On Aug. 25, 2021, the National Labor Relations Board (NLRB) issued a decision applying its new standard for cases where an employee is disciplined for using offensive speech in the course of engaging in protected labor activity. The board initially announced the new standard in its General Motors decision issued in July 2020. In summary, … Continue Reading

Will the Supreme Court’s Decision Overturning California Union Access Regulation Be a Bonanza for Nonagricultural Employers?

By Todd Dawson and Christian White on July 13, 2021 Posted in California

In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their property was an unconstitutional taking of private property without just compensation. Cedar Point Nursery v. Hassid, Case No. 20-107. The regulation permitted union organizers to remain on company property for … Continue Reading