Political Strike Guidance for Employers: Preparing for ‘Strike for Black Lives’

On July 20, labor organizations across the country are planning a “Strike for Black Lives,” a national walkout in support of “dismantling racism and white supremacy to bring about fundamental changes in our society, economy and workplaces.” When preparing for this and any political strike, employers should develop a response strategy — grounded in NLRB interpretations of employees’ rights to conduct political demonstrations — to limit liability and keep their businesses running.

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Pandemic Furloughs in Place? Time to Assess Your WARN Obligations

The Coronavirus pandemic business closings started in mid-March by orders of the governors of many states. Some closings were a consequence of customer demand suddenly drying up. It has now been over two months since some of those closings began, and almost every state in the United States is now fully allowing the reopening of businesses. It is time to assess: is there to be a reopening? If yes, please view our extensive alert regarding Return to Work issues. If not, or if you are considering a reopening with less than a full complement of the workforce that was in place in early March, it is time to start assessing compliance with the federal Workers Adjustment and Retraining Notification Act, or WARN, 29 U.S.C. §§ 2101 et seq, (FED WARN) and its states’ counterpart laws, or “mini-WARN” laws.

To read the full alert, please visit the Faegre Drinker website.

D.C. Court Slows the NLRB’s Departure from “Quickie Election” Rules; NLRB Implements New Rules Unaffected by Order

On May 30, 2020, a U.S. District Court in Washington, D.C. issued an eleventh-hour decision preventing the National Labor Relations Board (NLRB) from implementing several substantive portions of the NLRB’s new union election rules. Promulgated via rulemaking in December 2019, the NLRB planned to implement the new rules on May 31, 2020 after postponing the original enactment by over a month. Nevertheless, the NLRB has announced that it will implement the portions of new rules deemed procedural by the Court.

For the full alert, visit the Faegre Drinker website.

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.

COVID-19 Issues for Unionized Employers

The COVID-19 pandemic has caused unprecedented disruption for U.S. businesses of every size and in every industry. As state and local governments have ordered companies to cease nonessential operations and directed consumers to quarantine, isolate or otherwise “shelter in place,” the very survival of many of today’s businesses depends on their abilities to develop new operational and business strategies for addressing changing consumer needs, altered distribution channels and a depressed economic market.

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