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• An Unnecessary Burden: How the NLRB's "Decisional Bargaining" Doctrine Has Ignored Section 8(d) ( May 2006 )
  

  The National Labor Relations Board's decisional bargaining doctrine, as it has evolved over the years, requires employers to bargain over the decision to transfer work out of the bargaining unit-such as through subcontracting or assigning the work to other plants-if it is theoretically possible that the union could make concessions sufficient to offset the economic benefits of the transfer. In applying this doctrine to employers who transfer work during the term of a collective bargaining agreement, the NLRB contravenes the plain language of Section 8(d) of the National Labor Relations Act (NLRA) by requiring employers to afford unions the opportunity to offer concessions, even where the necessary concessions could only be made by modifying provisions in a current collective bargaining agreement.

• Employers Can Require Separate Bargaining Units for Staffing Agency Employees ( January 2005 )
  

  The National Labor Relations Board (NLRB or Board), the federal administrative agency that oversees the National Labor Relations Act (NLRA), has once again reversed its position on a critical bargaining issue. Several years ago, the Board held that staffing agency employees who shared essential working conditions with the client-employer's regular employees could be included in the same bargaining unit, without either the client-employer's or staffing agency's consent.

• Who Counts as a Supervisor Under Current Labor Law? ( August 2003 )
  

  More of your employees may be supervisors than you might think and they may be supervisors in ways which might surprise you.

• Justice Department Updates Treatment of Contract Unit Prices Under FOIA ( August 2002 )
  

  Overview of guidelines used to process FOIA requests involving contract pricing information.

• Unions Cheer as NLRB Overrules Four Representation Case Precedents ( January 2000 )
  

  This article reviews four NLRB decisions that overruled long-standing case precedents.

• Unpaid Staff Are Not Employees Under the NLRA ( January 2000 )
  

  This article reviews a decision by the National Labor Relations Board that held unpaid staff are not considered employees under the National Labor Relations Act.

• NLRB Says Contingent Workers Can Be In User Employer's Bargaining Unit: Temp Agency May Have to Bargain Jointly with Union Representing Its Client's Employees ( January 2000 )
  

  Flip-flopping once again, the National Labor Relations Board (Board) has reversed its precedent and decided that j.

• Are Workplace Legislation and Judicial Protectionism Towards Employees Nudging Unions Towards Extinction -- Are Congress and the Courts Setting the Floor or Dropping the Bottom Out of Union Representa ( November 1999 )
  

  For approximately thirty years, federal and state legislatures, as well as the judiciary, have.

• Rules on Withdrawing Recognition from Unions Clarified ( June 1999 )
  

  The federal appellate court with jurisdiction in Pennsylvania recently affirmed a National Labor Relations Board.

• Developer Liability: Some Preventive Medicine ( September 1998 )
  

  The recent proliferation of large jury verdicts and settlements obtained by plaintiffs in construction defect cases.