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Category Archives: Collective Bargaining Agreements

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New York City Mandates “Labor Peace” Agreements – Employment Law This Week®

Featured on Employment Law This Week® – New York City is trying to force certain employers to sign “labor peace” agreements with unions. Mayor Bill de Blasio has signed an executive order mandating that a property developer receiving at least $1 million in “Financial Assistance” require its large retail and food service tenants to accept “Labor… Continue Reading

Union Organizing at Retail and Food Service Businesses Gets Boost from New York City “Labor Peace” Executive Order

A new Act Now Advisory will be of interest to many of our readers in the retail and food service industries: “Union Organizing at Retail and Food Service Businesses Gets Boost from New York City ‘Labor Peace’ Executive Order,” by our colleagues Allen B. Roberts, Steven M. Swirsky, Donald S. Krueger, and Kristopher D. Reichardt… Continue Reading

NLRB Requires Specific Waivers During Bargaining – Employment Law This Week

Featured on the new episode of Employment Law This Week: Employers must have specific waivers to make unilateral policy changes when bargaining with a union. That’s according to the NLRB, which once again clarified its “clear and unmistakable” waiver standard to restrict employers’ midterm changes. In this case, an employer relied on a broad management rights… Continue Reading

NLRB Scraps Rule on Mixed-Guard Unit Recognition – Employment Law This Week

Featured on Employment Law This Week: The NLRB reverses its mixed-guard unit recognition rule. If a union represents both security guards and other employee groups, then an employer’s decision to recognize the union is voluntary. Before this decision, employers could also withdraw their recognition if no collective bargaining agreement was reached.  Now, employers must continue… Continue Reading

Seventh Circuit Creates Split on Class Waivers – Employment Law This Week

One of the top stories featured on Employment Law This Week: The U.S. Court of Appeals for the Seventh Circuit has joined the National Labor Relations Board in finding that arbitration agreements containing class action waivers violate the National Labor Relations Act (NLRA). At issue is a collective and class action by employees of Epic Systems about… Continue Reading

NLRB General Counsel Reveals Top Issues in Recent Memo – Employment Law This Week

Steve Swirsky, one of the co-editors of this blog, is featured on Employment Law This Week. He discusses the NLRB’s General Counsel memo that outlines the agency’s top enforcement priorities for 2016. The General Counsel for the National Labor Relations Board has issued an internal memo that offers employers insight into his office’s initiatives and emphasis this year…. Continue Reading

West Coast Tech Drivers Unionize – Employment Law This Week

The top story on Employment Law This Week – Epstein Becker Green’s new video program – explores the push towards unionization of West Coast on-demand drivers. Drivers for personal transportation company WeDriveU, who drive Facebook employees to and from work, have voted to unionize with the Teamsters. This brings the total to more than 450 shuttle drivers… Continue Reading

McDonald’s-Franchisee Joint Employer NLRB Hearing Begins, SEIU Expands Fight for Fifteen and Other Developments

The National Labor Relations Board (“NLRB”) unfair labor practice hearing  against McDonald’s, USA, LLC (“McDonald’s) and numerous franchisees opened in New York City on Monday March 30, 2015, before Administrative Law Judge (“ALJ”) Lauren Esposito. (“ALJ”), a former NLRB field attorney and union lawyer. Also this week, the Service Employees International Union (“SEIU”) announced that… Continue Reading

Teamsters and Technology II – Labor’s “Silicon Valley Rising” Campaign

Last week we reported on the fact that Teamsters Local 853 and Loop Transportation had completed negotiations for a first collective bargaining agreement covering a unit of shuttle bus drivers who provide transport for employees of Facebook.  We pointed out that employers in technology, media and telecommunications were facing union organizing targeting employees of their… Continue Reading

Attend EBG’s 2015 Labor Briefings in Westchester County, New York and Los Angeles, California

New Union Rules and Rulings: Proactive Strategies for Employers Facing Today’s Aggressive National Labor Relations Board and New Expedited Representation Elections April 14, 2015 – Hilton Westchester, Rye Brook, New York May 7, 2015 – The L.A. Hotel Downtown, Los Angeles, California The National Labor Relations Board (NLRB) has adopted dramatic new rules and processes… Continue Reading

Complimentary Webinar – Eye on Ebola: Issues Impacting Health Care Providers

WHEN: November 17, 2014 TIME:    2:00pm – 3:30pm EST To register for this webinar, please click here. Please join us for a complimentary webinar addressing the professional and business challenges encountered by health care providers dealing with Ebola and other infectious diseases. This webinar will offer a clinical overview as well as a review of… Continue Reading

Increased NLRB Use of Section 10(j) Injunctions Interferes With Employer Rights In Collective Bargaining

By Peter M. Panken, Steven M. Swirsky, and Adam C. Abrahms In May, we cautioned employers that the NLRB would be increasing its aggressive pursuit of injunctions under Section 10(j) of the Act to pressure employers in a range of unfair labor practice cases.  The Board’s aggression and apparent overreach is clearly revealed in one recent case in… Continue Reading

Going Through Withdrawal: A Step-By-Step Guide to Arbitration in Multiemployer Withdrawal Liability Disputes

Our colleague Mark M. Trapp recently wrote an article entitled “Going Through Withdrawal: A Step-By-Step Guide to Arbitration in Multiemployer Withdrawal Liability Disputes” which appears in the current issue of the ABA Journal of Labor & Employment Law (members only).    Following is an excerpt: Many employers with a unionized workforce contribute to multiemployer pension funds established… Continue Reading

Nurse-to-Patient Ratios: Coming to a Hospital Near You?

By: Adam C. Abrahms and Stephanie R. Carrington Since California’s implementation of legislation setting minimum nurse-to-patient staffing ratios in 2004, the issue of nurse staffing has been slowly but surely creeping its way into other states’ legislation, attempts at federal legislation, and of course, into more union contracts. When it comes to requirements for hospital… Continue Reading

What To Know About ACA Collective Bargaining, in Employment Law360

Evan Rosen and Mark M. Trapp of the Labor and Employment practice co-wrote an article titled “What To Know About ACA Collective Bargaining” Following is an excerpt: For the unionized employer, the advent of the Affordable Care Act requires careful strategic thought about its impact on upcoming collective bargaining negotiations. Indeed, for companies with a… Continue Reading

Labor Relations in the Health Care Industry – What Employers Should Know Now! A Webinar Series

Epstein Becker Green is pleased to announce a webinar series for health care employers focusing on new and more aggressive tactics and strategies being employed by health care industry unions. This three-part webinar series will provide an in-depth analysis and offer tools to assist employers who currently have union represented workforces as well as those… Continue Reading

Alliance of Aggressive Unions (CNA and NUHW) Formed to Target Hospitals

On January 3, 2013, the California Nurses Association/National Nurses United (CNA/NNU) and the National Union of Healthcare Workers (NUHW), two of the healthcare industry’s most aggressive unions, announced a new alliance designed to organize employees in non-union hospitals, impose their agenda on already unionized hospitals and target the members of rival union Service Employees International… Continue Reading