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For the first time, a president has fired a NLRB member mid-term
For the first time in the 90-year history of the NLR Act, a president has summarily fired a member of the NLRB mid-term.
Feb 53 min read
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Getting to Yes - Chapter 2. Separate the People from the Problem
The human aspect of negotiation can be successfully managed if we openly acknowledge its importance and create a framework of mutual trust.
Feb 45 min read
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Happy New Year – MARC is a New Year’s resolution you will keep!
Data from a recent Statistica survey shows the share of U.S. adults who have made common New Year’s resolutions for 2025: To save more...
Jan 93 min read
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There Will Be A New Party
The Dems are out, the Republicans are in the White House in January, so now what for labor law?
Dec 4, 20243 min read
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Getting to Yes, Chapter One
Book review of the first chapter, “Don’t Bargain Over Positions" from the book Getting to Yes (3rd Edition, by Fisher, Ury & Patton)
Nov 8, 20244 min read
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SCOTUS further limits agency powers in SEC case
Is the NLRB hearing structure also an unconstitutional denial of the right to jury trial? Last month we highlighted the recent demise...
Sep 12, 20245 min read
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Introducing….Our book review blog post series on collective bargaining!
"Not all readers become leaders, but all leaders must be readers.” Harry S. Truman, 33rd president of the United States. Truman’s...
Sep 6, 20243 min read
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SCOTUS ends the Chevron doctrine
Near the end of this year’s Supreme Court term, the SCOTUS handed down three decisions that limit federal agency powers in interpreting stat
Jul 29, 20242 min read
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Large employers file suit to invalidate the NLRA and NLRB
It’s no secret that NLRB General Counsel Jennifer Abruzzo is aggressively leading the Board’s charge to strengthen unions and stimulate...
May 30, 20243 min read
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The Federal Trade Commission (FTC) bans almost all non-compete agreements
On April 23, 2024, the FTC published its long-awaited rule against non-compete agreements, prohibiting all future non-compete agreements...
May 3, 20242 min read
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A federal court vacates the NLRB’s new 2023 joint employer rule
On March 8, a federal district court in Texas struck down the NLRB’s new 2023 “joint employer rule,” which was slated to go into effect...
Apr 9, 20243 min read
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Filling the space between stimulus and response – using MARC for better decisions
“Between stimulus and response there is a space. In that space is our power to choose our response. In our response lies our growth and...
Mar 4, 20244 min read
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Your present from Santa Claus? The NLRB’s new “Quickie” Election Rule
As a child, maybe you were told you would get a lump of coal from Santa in your Christmas stocking if you were not a good little girl or...
Feb 7, 20244 min read
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NLRA Section 7 - Now employees can act in a concerted fashion - by themselves!
Protected concerted activity under NLRA Section 7 – Now employees can act in a concerted fashion – by themselves! Section 7 of the...
Jan 8, 20243 min read
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The NLRB publishes new “joint-employer” rule
The NLRB publishes new “joint-employer” rule, making it easier for employees to require bargaining or file ULPs with more than one...
Dec 5, 20233 min read
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It’s time to review your employee handbook – yes, again
The NLRB has created a new test to determine whether company policies on employee behavior interfere with employee rights under NLRA...
Oct 31, 20236 min read
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A new standard for union elections – the Cemex case
A new standard for union elections – the Cemex case puts the burden on employers to request elections. Since passage of the National...
Oct 3, 20234 min read
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Lion Elastomers Case
Do you intend to discipline a union steward for “salty language” during a grievance meeting? Not so fast, says the NLRB and the 5th...
Jul 25, 20234 min read
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The Glacier Case
Unions can be sued in state court if the timing of a strike is likely to cause severe, predictable damage to the employer. Unions often...
Jul 7, 20233 min read
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Severance Agreements – good for a departing employee and the company, but legal risks abound
The severance agreement – a contract between a company and a departing employee – is often a desirable tool when an employee doesn’t work...
Jun 13, 20232 min read
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