Miller Johnson attorneys Rebecca Strauss and Sarah Willey discuss the continued increased interest in unions across the country as well as new National Labor Relations Board rules. You can also listen to this and future episodes by subscribing to the “Lawyers Off the Clock” podcast on: Apple Podcasts Spotify Google Podcasts

In just two cases, Stericycle, Inc. and Cemex Construction Materials Pacific, LLC, the National Labor Relations Board has made it possible for an employer’s maintenance of an “overbroad” handbook policy to result in the establishment of a union without an election. While that statement may seem like hyperbole, it is not.  The cases, particularly Cemex, […]

Miller Johnson attorneys Rebecca Strauss and Sarah Willey discuss why companies will want to re-examine how they handle some severance agreements following a recent NRLB decision. You can also listen to this and future episodes by subscribing to the “Lawyers Off the Clock” podcast on: Apple Podcasts Spotify Google Podcasts

On February 21, 2023, the National Labor Relations Board issued its decision in McLaren Macomb, 372 NLRB No. 58, and seemingly upended the modern severance agreement. As we have previously written about (see our Client Alert here) the Board held that employers violate the National Labor Relations Act when they offer overly broad severance agreements […]

How did the Board celebrate the end of 2022, you ask? In case you had higher priorities in late December than tracking the NLRB’s activities and therefore missed it, the Board came down with three significant, pro-employee rulings. Not surprisingly, two of these decisions were reversals of Trump-era precedent. Additionally, and perhaps most significantly, the […]

With big recent wins at Amazon, Starbucks, Chipotle, Trader Joe’s, and a favorable economic and political climate, right now the wind is in the sails of the labor movement. Those winds are likely to grow stronger as the current leadership of the National Labor Relations Board identifies opportunities to revisit and recast decisions in order […]

The NLRB recently issued its new and improved version of the Joint Employer rule.  Because this topic has been in the news for seemingly the last several years, it is helpful to trace how we arrived at this point.  For years, the Board used to utilize a more employer-friendly joint employer standard.  In 2015, the […]

Late in 2019, the National Labor Relations Board (NLRB) issued a decision that is welcome news to unionized employers. In Valley Hospital Medical Center, the NLRB ruled that employers can now stop collecting dues payments for the union upon expiration of a collective bargaining agreement, at least until a new Collective Bargaining Agreement (CBA) is […]

In recent years, the NLRB has been rolling back past decisions that reduced employers’ property rights and granted individuals’ access to an employer’s property to engage in union activity.  In Bexar County Performing Arts Center Foundation, 368 NLRB 46 (Aug. 23, 2019), the NLRB took another step in that direction.  Bexar follows on the heels […]

In MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), unionized employers won a tremendous victory before the NLRB, giving unionized employers with collective bargaining agreements significantly more flexibility to exercise their contractual rights and to make operational changes impacting unionized employees during a labor contract without bargaining.  In short, contractual rights that employers […]