Tag Archives: Union

The NLRB offers “clarity” on its joint-employer test by issuing its final rule

On February 26, 2020, the National Labor Relations Board (NLRB) issued its final rule governing joint-employer status under the National Labor Relations Act (NLRA) in the federal register. The final rule will undo a more relaxed Obama-era joint-employer test by reinstating the joint-employer standard that the Board followed for several decades prior to its 2015 … Continue Reading

NLRB returns to past precedent in holding that employer’s duty to deduct union dues ceases when collective bargaining agreement expires

On December 16, 2019, in Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center (368 NLRB No. 139 (2019)), the National Labor Relations Board (NLRB) overturned its 2015 decision in Lincoln Lutheran of Racine (362 NLRB 1655 (2015)), restoring the Board’s 50+ year precedent established under Bethlehem Steel (136 NLRB 1500 (1962), that there … Continue Reading

What is an ‘establishment’ for collective redundancy consultation purposes?

The Advocate General has given a preliminary opinion in the case of USDAW & Wilson v Woolworths and others (“the Woolworths case”) on the question of whether there is a requirement to aggregate the number of employees across different locations to meet the thresholds for collective consultation obligations (in England and Wales, of 20 employees … Continue Reading

Expiry of fixed term contracts and UK collective redundancy consultation

  The Employment Appeal Tribunal (EAT) has provided guidance on when the expiry of a fixed term contract will count toward the number of dismissals proposed by an employer that triggers collective redundancy consultation obligations. The EAT held that employees who were dismissed by virtue of the expiry of their fixed term contracts were not … Continue Reading
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