Morgan Lewis

Labor-Management Relations & Labor Disputes Publications of Interest

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04/30/12 New NLRB Election Rules Go into Effect April 30
The Board's Acting General Counsel has issued guidance on the rules; their full impact will depend on the outcome of a lawsuit challenging their implementation, with a decision due by May 15.
April 2012 Corporate Spending Post- Citizens United Decision Comes under Attack
04/02/12 Courts Reject NLRB’s Ruling That Arbitration Agreements Violate NLRA
Three district courts to consider D.R. Horton have distinguished or rejected the NLRB's holding that it was a violation of the NLRA to condition employment on an agreement providing all employment disputes and claims would be resolved in arbitration.
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01/25/12 Strict Social Media Policies Won’t Curry NLRB’s Favor, Law360
Labor and Employment partner Doreen Davis is quoted.
11/16/11 GOP Legislators Oppose NLRB Notice Rule; Amicus Briefs Cite Early Legislative History
Charles Cohen and Philip Miscimarra are quoted.
07/18/11 Senior Counsel Testifies Before the National Labor Relations Board on Proposed Election Rules
Charles I. Cohen testifies before the NLRB on proposed election rules.
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45 Publications Found
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11/30/11 How Recent NLRB Decisions and Rulemakings Will Promote Union Organizing: What Union and Nonunion Companies Need to Know

Presentation | Webinar
Jonathan Fritts, Ross Friedman

This one-hour interactive webinar addressed the key implications of recent National Labor Relations Board (NLRB) decisions and rulemaking initiatives promoting union organizing, which impact all employers covered by the National... more

11/30/11 NLRB Votes in Favor of Major Changes to NLRA Election Procedures and House Passes “Workforce Democracy” Bill

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

By a 2–1 vote today, the National Labor Relations Board (NLRB or Board) decided to move forward with major changes to the Board's representation election procedures. The vote adopted a subset of procedural reforms first pr... more

11/16/11 Brief Filed in Litigation Challenging the NLRB’s Final Rule Requiring All Employers to Post Notice of Employee Rights Under the NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On August 25, the National Labor Relations Board (NLRB or Board) issued a Final Rule (Rule) that requires all employers subject to the Board's jurisdiction—i.e., the vast majority of employers doing business in the United ... more

10/12/11 New Legislation and Congressional Hearing Target NLRB's Union-Friendly Changes

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On October 12, the House Committee on Education and the Workforce conducted a hearing regarding new legislation—the Workforce Democracy and Fairness Act (H.R. 3094)—which would prevent the National Labor Relations Bo... more

10/05/11 NLRB Final Rule Requiring All Employers (Even Nonunion Employers) to Post Notice of Employee Rights Under the NLRA Delayed Until January 31, 2012

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On October 5, the National Labor Relations Board (NLRB or Board) announced that it would delay the effective date, until January 31, 2012 , of its Final Rule requiring all employers subject to the Board's jurisdiction—i.e.... more

08/31/11 NLRB Issues Three Decisions Promoting Union Representation as Chairman Liebman's Board Term Ends

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On the final working day of Chairman Wilma Liebman's term at the National Labor Relations Board (NLRB or the Board), the Board issued three significant decisions that promote union organizing and protect new or established union ... more

08/25/11 NLRB to Issue Final Rule Requiring All Employers (Even Nonunion Employers) to Post Notice of Employee Rights Under the NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On August 25, the National Labor Relations Board (NLRB or Board) announced that it would issue a Final Rule, to be effective on November 14, 2011, that would require all employers subject to the Board's jurisdiction—i.e., ... more

08/22/11 Comments on the NLRB Proposed Rule Regarding Union Elections, submitted on behalf of the Coalition for a Democratic Workplace (CDW) to the National Labor Relations Board (NLRB)

Presentation | Comments
Lauren Marzullo, Ross Friedman, Philip Miscimarra, Charles Cohen

These comments to the National Labor Relations Board (NLRB or the Board), submitted on behalf of the CDW, address the Board's Proposed Rule on the filing and processing of petitions relating to union representation of employees f... more

July 2011 NLRB Proposed Election Rules Discussion: Part 3

Presentation | Podcast
Philip Miscimarra, Charles Cohen

This podcast series features Morgan Lewis senior counsel Charles I. Cohen and Morgan Lewis partner Philip A. Miscimarra, along with guest speaker Michael J. Eastman, U.S. Chamber of Commerce Executive Director, Labor Law Policy, as they discuss proposed NLRB election rules.

July 2011 NLRB Proposed Election Rules Discussion: Part 2

Presentation | Podcast
Philip Miscimarra, Charles Cohen

This podcast series features Morgan Lewis senior counsel Charles I. Cohen and Morgan Lewis partner Philip A. Miscimarra, along with guest speaker Michael J. Eastman, U.S. Chamber of Commerce Executive Director, Labor Law Policy, as they discuss proposed NLRB election rules.

July 2011 NLRB Proposed Election Rules Discussion: Part 1

Presentation | Podcast
Philip Miscimarra, Charles Cohen

This podcast series features Morgan Lewis senior counsel Charles I. Cohen and Morgan Lewis partner Philip A. Miscimarra, along with guest speaker Michael J. Eastman, U.S. Chamber of Commerce Executive Director, Labor Law Policy, as they discuss proposed NLRB election rules.

07/20/11 An Unprecedented Moment: The NLRB Hearings on Proposed Election Rules

Presentation | Podcast
Charles Cohen

Comments from Charles Cohen following his testimony at the National Labor Relations Board hearing on July 18, 2011.

05/31/11 NLRB Sanctions Use of Inflatable Rats Against Secondary Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On May 26, the National Labor Relations Board (NLRB or Board) ruled that a union's display of a large inflatable rat balloon at a secondary employer's premises in order to protest the labor practices of its nonunion contractor i... more

12/23/10 NLRB Proposes Rule to Require Employers to Post Notice Informing Employees of Their Right to Join a Union and Strike

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 21, the National Labor Relations Board (Board) announced a new proposed rule that would require all employers subject to the Board's jurisdiction—the vast majority of employers doing business in the United St... more

10/27/10 National Labor Relations Board Orders Electronic Notice Posting, Compound Interest Moving Forward

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Last week, the National Labor Relations Board (NLRB or Board) issued two decisions that modify its standard remedial order in unfair labor practice cases. In J. Picini Flooring , 356 N.L.R.B. No. 9, the Board modified its stan... more

09/07/10 NLRB Expands the Tools Available for Unions to Target Neutral Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case of first impression, the National Labor Relations Board (NLRB or the Board), now operating under a Democratic majority, issued a controversial decision on August 27 that expands the labor movement's ability to wage pub... more

06/22/10 NLRB Issues Guidance Regarding Class Action Waivers in Individual Arbitration Agreements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Employers are increasingly entering into mandatory arbitration agreements with individual employees, requiring that employment disputes be resolved by an arbitrator rather than in court. These agreements often contain class and... more

06/18/10 U.S. Supreme Court Rules 5-4: Two-Member National Labor Relations Board Lacked Authority to Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In New Process Steel, L.P. v. Nat'l Labor Relations Bd. , No. 08-1457, decided June 17, 2010, the U.S. Supreme Court held that Section 3(b) of the Taft-Hartley Act requires that the National Labor Relations Board (the Board) ma... more

05/21/10 DOL Publishes Final Rules on Labor Law Posting for Federal Contractors

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On May 20, the U.S. Department of Labor (DOL) issued its final regulations describing how federal contractors and subcontractors will provide notice of employee rights under the federal labor laws. The final regulations were is... more

04/07/10 Two Appointments & the Future of the NLRB (a Legal Talk Network podcast)

Presentation | Podcast
Charles Cohen

Senior counsel and former NLRB member Charles Cohen discusses recent recess appointments to the National Labor Relations Board.

02/03/10 2010 Prediction: Florida to Remain a Hotbed for FLSA Litigation Webinar

Presentation | Webinar
Anne Estevez, Mark Zelek, Sharon Lisitzky

2010 The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010)

Outside Publication | Book
Michael Lignowski, Philip Miscimarra, Ross Friedman, Andrew Scroggins

12/09/09 Nurses Vote Unanimously to Form Largest RN Union

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 7, delegates to the founding convention of National Nurses United (NNU) held in Phoenix, Arizona voted unanimously to create a 150,000-member nursing "superunion." NNU is being formed through the consolidation of th... more

12/04/09 SEIU Announces December 14 Protest of Financial Institutions Nationwide

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The Service Employees International Union (SEIU), a politically active labor organization with close ties to the Obama Administration, announced that on December 14 it will engage in nationwide protests of financial institutions... more

11/24/09 Workplace Challenges: Managing Layoffs, and Motivating Those Left Behind (an interview with Knowledge@Wharton)

Presentation | Podcast
Philip Miscimarra

The current downturn has left many companies scrambling to manage workplace issue—ranging from how to avoid a brain drain to how they can provide better value to customers and clients. Employees, for their part, face the ... more

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