The NLRB won enforcement of its Cemex bargaining order at the Ninth Circuit in April — then immediately filed a petition asking the court to vacate part of its own judgment. The piece at issue: the Thryv remedy requiring make-whole relief for direct and foreseeable pecuniary harms beyond traditional backpay. After the Ninth Circuit enforced…

A West Virginia electrical contractor just got hit with an 8(a)(3) violation for laying off two union electricians nine days before asking the union to refer ten more. Here’s what happened. Michael Bishop got sent home from a construction project because a supervisor thought the cough drop in his mouth meant he was sick. The…

The NLRB just ordered Kuraray America to bargain with a unit of lab analysts it refused to recognize. The case is a textbook run of the “technical refusal to bargain” playbook. Last October, lab analysts at Kuraray’s La Porte, Texas plant voted in a self-determination election to join an existing production and maintenance unit represented…

Sectoral Bargaining Could Double U.S. Worker Coverage — and Most Employers Have No Plan for It The Center for American Progress just modeled what would happen if the United States adopted sectoral bargaining — a system that sets minimum standards across an industry while still allowing workplace-level negotiations to build on those standards. The conclusion:…

Cannabis Labor Peace Mandates Survive (For Now) A federal judge in the Southern District of New York just kept alive a constitutional and preemption challenge to New York’s requirement that cannabis companies maintain labor peace agreements (LPAs) with unions. Hybrid NYC, a dispensary company, sued the state cannabis board arguing the LPA requirement is unconstitutional…

HIPAA, Wright Line, and the Return of Pretext Analysis at the New NLRB One of the first signals of how the new NLRB will approach mixed-motive discharge cases came in a Board decision involving a hospital that fired a radiology technician for improperly accessing a patient’s electronic medical records. The employee had also engaged in…