Labor Management Relations - Page 3 of 12

Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium

On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28^th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State Bar of Michigan. In his remarks, Funk critiqued three recent changes to the National Labor Relations Board’s remedial scheme.

Thryv, Inc.

Discussing Thryv, Inc., Funk voiced his concern that the labor law community was growing out of touch with workers, employers, and the public, and changing remedies in ways that hurt the overall mission of the agency.

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The New Critical Importance of a Union Request for Recognition

What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or “majority status,” or that it has been “designated as Section 9(a) representative by the majority of employees in an appropriate unit”?

These magic words are now of critical importance to employers and their employees due to a dramatic change the National Labor Relations Board (NLRB) announced on August 25, 2023, in how it interprets the National Labor Relations Act (NLRA).

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NLRB GC’s Latest Guidance Expands Restrictions to Noncompete Provisions

The General Counsel of the National Labor Relations Board (the Board) issued new guidance announcing her position that certain noncompete agreements violate the National Labor Relations Act. Citing McLaren Macomb, the General Counsel urged the Board to adopt her position regarding noncompete agreements, arguing that the Board already embraced a similarly restrictive standard for analyzing the lawfulness of severance agreements.

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NLRB Adds Enhanced Penalties for Repeat Offenders

On April 20, 2023, the National Labor Relations Board (NLRB or the Board) added a new set of penalties to its remedial arsenal for employers who repeatedly or egregiously violate federal labor law. The new remedies supplement the expanded make-whole remedies and consequential damages established by the Board in its December 13, 2022, decision, Thryve, Inc.

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Retail Employers and the National Labor Relations Act

Our latest briefing dives into new local laws about AI and how it affects both employment and insurance industries, the launch of NIST’s Trustworthy & Responsible Artificial Intelligence Resource Center and the plans for it moving forward, new guidance from the FDA on cybersecurity and on artificial intelligence/machine-learning frameworks, and the Coalition for Health AI’s quality assurance standards for use of AI in the health care and related industries.

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Michigan Repeals ‘Right-to-Work’ Law

Michigan Gov. Gretchen Whitmer repealed the state’s “right-to-work” law on March 24, 2023. Additionally, the new law bans Michigan localities from enacting their own ordinances which would “prohibit or limit an agreement that requires all bargaining unit employees, as a condition of continued employment, to pay to the labor organization membership dues or service fees.”

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