Labor & Employment

Labor Management Relations

Management & Labor Report Blog

Management & Labor Report is a blog that focuses on trends and developments in labor law. The primary focus is cases before the National Labor Relations Board (NLRB) and the federal courts that have the potential for setting new precedents or modifying existing precedent. Authored by attorneys in Fox Rothschild’s Labor Management Relations practice group, the blog provides insights and analysis of decisions that could potentially have an impact beyond the parties involved. Topics covered include collective bargaining, the relationship and interactions between an employer and union, union elections and other workplace conduct as it applies to both union and non-union settings.

Recent Blog Posts

  • Trump NLRB Gives Employers a Little More Leeway in Maintaining Work Rules The National Labor Relations Board has ruled that an employer does not necessarily violate the National Labor Relations Act by maintaining a facially neutral work rule, policy or handbook provision that could be reasonably construed to interfere with union or other protected concerted activity protected under Section 7. The 3-2 decision in The Boeing Company, handed down on Dec. 14, overrules Lutheran Heritage Village-Livonia, in which the NLRB declined to consider the employer’s justification for a facially neutral rule or the extent... More
  • New NRLB General Counsel to Regional Offices: Call Me A recent Memorandum from Peter B. Robb, the NLRB’s newly installed General Counsel, reminded me of a stanza from Lewis Carroll’s The Walrus and The Carpenter. To paraphrase: “The time has come” the GC said, “To talk of many things: Of handbook rules and Weingarten, of email use and salt-ings.” Though perhaps not as prosaic, the GC’s December 1 Memorandum presages his intent to take Board law back through the looking glass and review all issues overruled by the Obama... More
  • One Response to Union Organizing – Shut Down Completely Recently, a majority of employees at the news websites DNAinfo and Gothamist decided to join the Writer’s Guild union to bargain collectively over their terms of employment. In response, the owner of the websites decided to shut down its operations completely. This begs the question: can a business close its doors in response to its employees voting to join a union? Perhaps surprisingly, the answer to that question is, with few exceptions, yes. In general, the National Labor Relations Act prevents... More
  • Union Violates the Act by Attempting to Get Employer to Exact Revenge on Their Behalf What goes around, comes around, they say, right? Not so fast said one NLRB Administrative Law Judge on November 22, 2017, when she held that the Communication Workers of America, Local 1101, violated Sections 8(b)(1)(A) and 8(b)(2) by attempting to cause Verizon Communications, Inc. to discriminate against former union member Sidra Epps for crossing the picket line. The Union and Company had a collective bargaining agreement that expired in August 2015 and, after not coming to terms on a successor... More
  • Quickie Election Rules Have Not Dramatically Helped Unions Organize Quickie Election Rules Have Not Dramatically Helped Unions Organize The NLRB recently released its report on representation elections for fiscal year 2017. The results are consistent with fiscal years 2015 and 2016 — though unexpected given the 2015 Quickie Election rules dramatically limited the time employers had to ensure its employees could make an informed decision prior to voting in the election. The Quickie Election Rules drastically curtailed the time employers had to determine who they believed belonged in the proposed... More
  • The Potential Preemption Problem With Ride-Sharing Driver Unionization With campaigns ongoing across the country aimed at raising the minimum wage at a state and local level, one might wonder, why not apply the same pressure on local governments to create their own labor laws? The battle between Uber and the City of Seattle demonstrates the complexities surrounding any attempt to regulate labor relations on a local level. In 2014, the Seattle City Council passed an Ordinance allowing for ride-sharing drivers, who are classified as independent contractors, to form unions... More
  • Management Bar: an NLRB Administrative Law Judge Has Recently Found Certain Workplace Rules Lawful…Surprised? The Obama Board did not pull any punches when it came to analyzing the lawfulness of workplace rules. Still, as previously blogged about here, a more balanced approach to workplace rules may – hopefully – be on the horizon. On October 19, 2017, the ALJ in Green Apple Supermarket of Jamaica, Inc., issued a decision wherein he found, among other various Section 8(a)(1), (3), and (5) violations, that the employer did not violate Section 8(a)(1) by maintaining and promulgating overly... More
  • The Ninth Circuit Supports the Board’s Revised Deferral Standard Under Babcock & Wilcox The Ninth Circuit, a historically employee-friendly court, recently issued a decision that backs the NLRB’s revised post-arbitral deferral standard laid out in its December 15, 2014 Babcock & Wilcox decision. This Board decision was previously blogged about here. On Tuesday, October 17, 2017, the Court affirmed the Board’s decision to apply its new deferral standard only prospectively and upheld the denial of the petitioner’s unfair labor practice complaint as it was analyzed under the previous more deferential standard. In doing so, the... More
  • Predicting the Supreme Court’s Decision on Class Waivers in Employment Arbitration Agreements Is Somewhat More Accurate than Reading Tea Leaves Earlier this month, the U.S. Supreme Court heard oral arguments on whether employment agreements that require an employee to resolve a dispute with her employer through individual arbitration and waive the option of having the dispute handled collectively is unlawful. In D. R. Horton, 357 NLRB No. 184 (2012), the NLRB first held that arbitration agreements requiring employees to forfeit their right to proceed collectively violate Section 8(a)(1) of the Act. The waiver of the right to proceed collectively is termed... More
  • Senate Narrowly Confirms Final Trump Board Appointee Giving Republicans a Majority for the First Time in Nearly a Decade On Monday, September 25, 2017, the Senate confirmed, in a 49-47 vote, the appointment of longtime management-side attorney William J. Emanuel to the National Labor Relations Board. This confirmation fully staffs the five-member Board and gives Republicans a majority on the panel for the first time since the George W. Bush administration. Mr. Emanuel has represented employers in all facets of traditional labor and his appointment will help bring back a much needed balance to what is supposed to be... More