NLRB will focus on injunctions in successor cases: for potential buyers, six questions about their labour obligations
By Dianne Rose LaRocca, Katharine J Liao and Maria C Rodriguez
In another move to increase its relevancy and efficacy in the workplace, the National Labor Relations Board has indicated that it intends to focus on seeking injunctions in successor cases.
Section 10(j) of the National Labor Relations Act authorises the Board, upon issuance of a complaint, to seek a temporary injunction in US district court to stop unfair labour practices while the case is being litigated. According to the Board, ‘[t]hese temporary injunctions are needed to protect the process of collective bargaining and employee rights under the Act, and to ensure that Board decisions will be meaningful.’
In recent years, the Board has focused its attention on obtaining such injunctions for violations that occur during the period after a union’s certification, when parties are or should be bargaining for an initial collective bargaining agreement. These violations include the traditional ‘nip in the bud’ unfair labour practices, such as threats, coercive interrogations, surveillance of protected activities, improper grant of benefits and unlawful employee discipline, including discriminatory discharges. According to the Board, in fiscal years 2012 and 2013 it sought and obtained bargaining orders in 16 of 19 first-contract bargaining cases, and relief in 80 per cent of cases involving discharges during an organising campaign…
Click on the link below to read the rest of the DLA Piper briefing.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
India recently staged the largest free democratic election in world history, bringing to power the National Democratic Alliance, and with it a fresh sense of optimism.
Life Sciences Spotlight: Chinese regulatory enforcement action not slowing down; patent strategies and loyalty discounts; and more
DLA Piper has released the fourth edition of Life Sciences Spotlight, which discusses developments in the sector across the Asia-Pacific region.
Analysis from The Lawyer
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions