Polsinelli at Work |  Labor & Employment Blog

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NLRB Approves Unilateral Benefits Changes Consistent with Past Practice

NLRB Approves Unilateral Benefits Changes Consistent with Past Practice

By: Bradley Kafka and Sara Robertson

In a 3-1 decision, the National Labor Relations Board (“NLRB” or “Board”) ruled that E.I. DuPont De Nemours and Company (“DuPont”) did not violate the National Labor Relations Act ( “Act”) by implementing unilateral changes to employee benefits without advance notice because the changes were consistent with annual past practice. (Decision can be found here.)

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Grieve Now, Ask Later

Grieve Now, Ask Later

By: Rob Entin

Employers subject to collective bargaining relationships often complain about the time they spend responding to objectively meritless grievances. From showing, for example, that it had just cause to terminate an intoxicated employee or justifying why it did not assign overtime to an employee who consistently refuses to work more than 40 hours a week, Employers may be compelled to expend resources responding to grievances that are filed without an appropriate investigation.

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Here we go again: NLRB Announces Proposed Rule to Restore Traditional Joint-Employer Standard

Here we go again: NLRB Announces Proposed Rule to Restore Traditional Joint-Employer Standard

By: Cary Burke

On September 14, 2018, a three-member majority of the National Labor Relations Board (“NLRB” or “Board”) comprised of Members William Emanuel, John Ring, and Marvin Kaplan published a proposed rule in the Federal Register that would restore the Board’s joint-employer standard as it existed prior to the 2015 Browning-Ferris decision

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