Not Just ‘Clear and Unmistakable’: NLRB and Courts Embrace Contract Coverage Waiver Standard

Last fall, the National Labor Relations Board (NLRB) moved away from the strict “clear and unmistakable” standard when determining whether unions and their members waived certain rights. Since issuing its MV Transportation, Inc. decision in September 2019, the NLRB no longer requires employers to demonstrate that a union clearly and unmistakably waived its right to bargain over the subject of a unilaterally implemented change. For a detailed analysis of last September’s NLRB decision, please see our September 2019 MV Transportation, Inc. alert. In the eight months since that decision, some courts have begun to apply elements of the new waiver standard.

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NLRB Finalizes Significant Changes to Union Election Procedures

On April 1, 2020, the National Labor Relations Board finalized and enacted several significant changes to union election procedures. These changes, which largely target procedures that unions have used to maintain or implement union representation despite opposition from employees, will take effect early this summer.

For the full alert, visit the Faegre Drinker website.

No More “Quickie Elections”: NLRB’s New Election Procedures Delayed Until May 31

Beginning May 31, 2020, the time from petition to union election is slated to double, creating new opportunities for employers. The National Labor Relations Board has issued several important changes related to how it will process union certification and decertification elections. These changes include a relaxation of the timelines that guide union elections and an expansion of parties’ rights that could further lengthen the timeline.

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Congress Passes Expansive Coronavirus Package, Including Paid Leave

On Wednesday evening, the President signed into law the Families First Coronavirus Response Act, a sweeping legislative package in response to the COVID-19 epidemic. The bill includes paid leave, nutrition assistance, and free testing and other policies intended to help American families in the coming weeks. Read more for the latest takeaways from the act and what it means for employers.

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Congress Considers Expansive Coronavirus Package, Including Paid Leave and Free Testing

Early in the morning on Saturday, March 14, 2020, the U.S. House of Representatives passed Congress’ second sweeping legislative package in response to the COVID-19 epidemic, with a bipartisan 363-40 vote. The legislation, The Emergency Families First Coronavirus Response Act (H.R. 6201), is the result of swift negotiations between Treasury Secretary Steve Mnuchin and Speaker Pelosi. The bill includes not only public health and health sector provisions but also paid leave and other policies intended to help American families in the coming weeks. This latest action comes after President Trump signed an $8.3 billion public health bill into law earlier this month to expand access to care, support local public health departments and fund vaccine research development.

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