Company was Right that Proposed Bargaining Unit was Wrong, but Lost Anyway
By Management Labor Lawyer | | NLRB
An employer had a real argument that the union’s proposed bargaining unit was wrong. It lost anyway — because it raised the argument too late. In Sharp Staffing Resource Network, the SEIU petitioned for a unit of technical and other non-professional employees under the Board’s Health Care Rule. The employer challenged the unit lacked an…
Read More American Franchise Act—Shielding Franchisors From the NLRB’s Joint Employer Whipsaw
By Management Labor Lawyer | | NLRB
American Franchise Act—Shielding Franchisors From the NLRB’s Joint Employer Whipsaw Labor Relations | Union Avoidance | Joint Employer Standard · July 24, 2026 Bottom line for employers: On Tuesday, the House Committee on Education and the Workforce advanced the American Franchise Act (H.R. 5267) on a party-line 18–15 vote. The bill would write a narrow…
Read More Safety Cameras and Confidentiality Policy = ULP
By Management Labor Lawyer | | NLRB
American President Lines installed video cameras on newly built vessels that recorded union crew members at work — and rolled out confidentiality provisions barring employees from copying or emailing company documents. It did both without giving the union notice or a chance to bargain. When the union asked for information about the cameras, the company…
Read More Hallmark NLRA Violation, 10 Years Later Owner is Personally Liable
By Management Labor Lawyer | | NLRB
A trucking company owner told his drivers if they voted in the union “We’re not going forward.” They voted yes. He stopped dispatching them the next day. Nearly ten years later, the bill came due — and it landed on him personally. Dawn Trucking’s owner, Henry Burey, fired six drivers after they picked Teamsters Local…
Read More Company Beat ULP Despite Itself
By Management Labor Lawyer | | NLRB
HPC Industrial fired a janitor at a Ford plant after a minor forklift accident. Nobody was hurt. Nothing was damaged. The witness even noted the driver “was not impaired.” But when the company ordered a routine post-accident drug and alcohol test, the employee asked for his union steward to come along. The company said no,…
Read More D.C. Circuit Strikes Down NLRB Successor Bar: Employers Can Now Challenge Incumbent Unions in Acquisitions
By Management Labor Lawyer | | NLRB
D.C. Circuit Strikes Down NLRB Successor Bar: Employers Can Now Challenge Incumbent Unions in Acquisitions Bottom line for employers: The D.C. Circuit has invalidated a decades-old NLRB doctrine that forced employers to recognize incumbent unions for up to one year after acquiring a unionized business. In Hospital Menonita de Guayama v. NLRB (D.C. Cir. No.…
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