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In the deepening of the already cozy relationship between President Joe Biden and Big Labor, Fox News reports on waivers given to certain Biden administration appointees who had prior Union ties:
The Biden administration has come under scrutiny from Republicans on Capitol Hill following its decision to circumvent federal ethics rules and staff former union officials in senior posts.
Beginning as early as March, the White House waived certain rules for former labor union personnel slotted to fill Biden’s transition teams and government vacancies, who would have otherwise been prevented from communicating with their old unions.
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The National Labor Relations Board has provided important
guidance for employers who deal with unions that may have tenuous
employee support.
As many employers know, after a union has been certified as the
representative of a group of employees, there are certain legal
procedures and doctrines that may allow an employer to cease
bargaining with the union if it no longer enjoys majority support,
or in certain other circumstances.
For decades, however, the NLRB has maintained several rules or bars that limit when a union may be decertified, or
Tuesday, April 27, 2021
The National Labor Relations Board has provided important guidance for employers who deal with unions that may have tenuous employee support.
As many employers know, after a union has been certified as the representative of a group of employees, there are certain legal procedures and doctrines that may allow an employer to cease bargaining with the union if it no longer enjoys majority support, or in certain other circumstances.
For decades, however, the NLRB has maintained several rules or “bars” that limit when a union may be decertified, or when the bargaining obligation can be removed in other circumstances. One of the most consequential “bars” is the “contract bar” doctrine. Under the contract bar doctrine, a union generally may not be decertified, and certain other petitions are barred, while a collective bargaining agreement is effective, for the first three years of that CBA. This can make it significantly more difficult
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On April 21, 2021, the National Labor Relations Board (the Board ) declined to eliminate or modify its
long-standing contract-bar doctrine, which purports to provide
stability in the relationship among the employer, a collective
bargaining representative, and its employee-members. The
Board previously invited comment on the continued application of
the contract-bar doctrine in July 2020.
The contract-bar doctrine prohibits all petitions that could
oust an existing union, by employees who are covered by a valid
collective-bargaining agreement for three years or the duration of
the agreement - whichever is shorter. The doctrine permits an