Publications of Interest > Labor-Management Relations & Labor Disputes > Labor & Employment > Practices : Morgan, Lewis & Bockius

04/30/12 New NLRB Election Rules Go into Effect April 30

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

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

LawFlash/Client Alert | Cross-Practice Alert
Timothy Lynch, Doreen Davis, Linda Griggs

The Supreme Court decision in Citizens United v. Federal Election Commission , 558 U.S. —, 130 S.Ct. 876 (2010), lifted long-standing limits on corporate and labor union political spending. Prior to Citizens United , ... more

04/02/12 Courts Reject NLRB’s Ruling That Arbitration Agreements Violate NLRA

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

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.

03/06/12 D.C. Court Issues Split Decision in NLRB Notice Case

LawFlash/Client Alert | Labor and Employment LawFlash
Doreen Davis, Ross Friedman

Judge upholds Board's authority to issue the rule requiring notice, but strikes down penalty provisions.

03/03/12 Angels, Demons and the NLRB — Perspectives on Congressional Oversight, paper presented to the American Bar Association, Committee on Practice and Procedure Under the NLRA, Midwinter Meeting

Presentation | Speech
Philip Miscimarra

02/07/12 DOL Proposes New FMLA Regulations on Military Family Leave

LawFlash/Client Alert | Labor and Employment LawFlash
Michael Ossip, Corrie Conway, Silvia LeBlanc, Sarah Andrews

Proposed rules impact exigency leave and military caregiver leave and include clarifications on increments of intermittent leave.

01/09/12 Arbitration Agreement Barring Class Litigation Violates the NLRA

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

The NLRB in D.R. Horton holds that the home builder violated the NLRA by conditioning employment on agreements providing that all employment disputes and claims would be resolved in arbitration, and foreclosing any litigation of "class" or "collective" claims in court or arbitration.

12/21/11 NLRB Implements Extraordinary Regulatory Overhaul to Election Procedures

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

Employers covered by the NLRA should prepare for the possibility of organizing campaigns with expedited representation election procedures that provide extremely limited pre-election hearings and restrictive appeal options; elections will be held much more quickly than the current median of 38 days after the petition is filed.

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