LIFE VISION CONFLICT RESOLUTION

THE RUDNICK REPORT: A WEEKLY UPDATE AT THE NLRB Welcome to This Week's Edition Dear Readers, 1. The NLRB Finally Regains a Quorum.  2. The U.S. Senate confirmed two nominees to the National Labor Relations Board, restoring its ability to decide cases after nearly a Year without enough members to act on appeals and policy decisions. 3.Scott Mayer and James Murphy were confirmed as Board members, and Crystal Carey was confirmed as General Counsel . 4.This restores the NLRB’s decision-making authority following months of paralysis after a Board member was fired earlier in 2025. 5. Implications 6.The Board can now resume issuing decisions on appeals from Regional Directors and Administrative Law Judges (ALJs). 7.A Republican-majority Board may revisit or overturn a number of recent union-friendly precedents issued during the prior Democratic majority. 8. Republican-Majority Board Expected to Shift NLRA Interpretation 9.With a restored quorum and new General Counsel: 10.The Board’s priorities are expected to change, likely favoring employer interests in areas such as: A. Captive audience meetings (employer-mandated anti-union sessions), B. Post-election representation rights, C. Monetary remedies in ULP cases. 11.These issues were part of broader Republican policy goals and could be revisited given the new majority’s composition. If your firm needs any assistance in understanding any new developments at the NLRB or any other labor issues, please call H. Sanford Rudnick JD of H. Sanford Rudnick & Associates, at 1-800-326-3046 or sandy@rudnickpro.com 24/7.

THE RUDNICK REPORT December 1, 2025 Volume 1, Issue 3 Welcome to This Week's Edition Dear Readers, Can Employees Request the Union or Force a Withdrawal of an Election Petition? 1.Employees cannot force the union to withdraw the petition, as the union controls the filing and withdrawal process. 2.However, employees can voluntarily communicate their opposition to the union and request withdrawal. This is protected under Section 7 of the NLRA, which guarantees employees' rights to support, oppose, or engage in concerted activities regarding union representation, including petitioning the union directly. 3.Voluntary Basis: Employees may approach union representatives individually or collectively (e.g., via a disaffection petition signed by multiple workers stating they no longer support the union) to urge withdrawal. This is lawful and does not violate NLRB rules, as long as it is not coerced by the employer. Employer involvement in soliciting such requests could constitute an unfair labor practice (ULP) under Section 8(a)(1), such as interfering with employees' Section 7 rights. 4.Effectiveness: The union is not obligated to comply with the request. If the union refuses and proceeds, employees' recourse is to vote "no" in the NLRB-conducted secret ballot election. A majority "no" vote defeats the union, and no representation is certified. 5.Timing During "Election Petition" Phase: The question specifies "during an election petition," which aligns with the pre-election period after filing but before the vote. Requests here are permissible, but once ballots are impounded (post-election), the focus shifts to objections or challenges, not petition withdrawal. 6.If your firm needs any assistance in understanding the election process , please call H. Sanford Rudnick JD of H. Sanford Rudnick & Associates or any other labor issue, please call 1-800-326-3046 or sandy@rudnickpro.com 24/7.

THE RUDNICK REPORT Weekly NLRB Update November 17, 2025 Volume 1, Issue 1 Welcome to This Week's Edition Dear Readers, 1. As the NLRB resumes full operations following its recent shutdown—reopening on November 13, 2025, with tolled due dates for filings and service—this edition of The Rudnick Report focuses on pivotal judicial developments shaping labor law enforcement. 2.The Board has yet to issue new decisions in October or November amid the disruption, but federal courts have been active, deepening circuit splits on remedies and employee expression. Below, we highlight four key cases from late October through early November, offering summaries, holdings, and practical implications for employers and unions alike. Stay tuned for post-reopening Board actions in coming weeks. As always, your feedback is welcome—reply to sandy@rudnickpro.com Best regards, Sanford Rudnick JD H. Sanford Rudnick & Associates www.theunionexpert.com 800-326-3046 Recent Developments 3.Sixth Circuit Joins Third and Fifth in Rejecting NLRB's Expanded Remedies: NLRB v. Starbucks Corp. (Nov. 5, 2025)In a split decision, the U.S. Court of Appeals for the Sixth Circuit upheld the NLRB's finding that Starbucks violated the NLRA by terminating a union-organizing barista in Ann Arbor, Michigan, but struck down the Board's award of "Thryv"-style expanded remedies. 4.The employee, fired in April 2022 after wearing union pins and participating in organizing efforts, was deemed discharged for protected activities. However, the court ruled that the NLRA's § 10(c) limits remedies to equitable relief like backpay and reinstatement, not compensatory damages for indirect harms such as childcare costs or rent penalties, citing Seventh Amendment concerns over jury trials. Implications: This aligns the Sixth Circuit with the Third and Fifth, creating a clear split with the Ninth Circuit (see below). Employers in these jurisdictions face narrower liability, but the uncertainty persists until Supreme Court intervention, potentially capping NLRB awards at status-quo restoration. 5. Ninth Circuit Upholds Expanded Remedies for Macy's Strikers: IUOE, Local 39 v. NLRB (Oct. 21, 2025) 6. Contrasting the growing opposition, the Ninth Circuit affirmed the NLRB's order requiring Macy's to compensate former strikers for foreseeable financial harms beyond traditional backpay, stemming from the retailer's refusal to rehire them post-strike. The decision emphasizes the Board's discretion to "make whole" employees under the NLRA, including indirect losses tied to unfair labor practices. Implications: This bolsters the NLRB's aggressive remedial stance in the West, heightening exposure for West Coast Employers. 7.The split—now Third, Fifth, and Sixth against Ninth—signals a likely Supreme Court showdown, urging multistate companies to revisit compliance strategies. 8. Eighth Circuit Greenlights Employer Restrictions on Employee Expression: NLRB v. Home Depot U.S.A., Inc. (Nov. 6, 2025) 9.The Eighth Circuit unanimously vacated an NLRB ruling that Home Depot unlawfully fired a Minnesota employee for refusing to remove a "Black Lives Matter" slogan from their work apron in 2021, amid post-George Floyd unrest. While the court sidestepped whether the display was protected concerted activity under Section 7, it held that the NLRB ignored "special circumstances" justifying the dress code ban, including political neutrality, employee safety, and customer relations in a tense environment. Implications: Employers gain leeway to enforce neutral policies during volatile periods, provided they document business justifications and apply rules consistently. However, in calmer times, broad prohibitions risk NLRB scrutiny—train managers on context-specific enforcement to avoid pitfalls. 10. Union Petitions Supreme Court to Curb Fifth Circuit's "Easy Injunctions" on NLRB Proceedings (Oct. 31, 2025) 11.The Office and Professional Employees International Union (OPEIU) asked the Supreme Court to review Fifth Circuit rulings allowing employers to enjoin NLRB actions based solely on alleged unconstitutionality of Board members' and ALJs' job protections, without proving actual harm. This approach, diverging from six other circuits, has stalled routine cases in Texas, Louisiana, and Mississippi, undermining Board functionality. Implications: A grant of certiorari could standardize injunctive relief standards nationwide, reducing forum-shopping and stabilizing NLRB operations. Unions and employees may see faster resolutions, while employers in the Fifth Circuit face interim uncertainty—monitor docket updates closely. 12. Quick Stats: NLRB Filings Snapshot (Post-Reopening Data Pending; Last Available: Week Ending Oct. 31, 2025) Category Filings Change Unfair Labor Practice (U) Charges 1,248 +4.2% Representation (R) Petitions 312 -1.1% Total Active Cases 22,456 +3.8% Source: NLRB Weekly Reports 13.Looking Ahead: With the NLRB back online, expect a surge in decisions addressing queued matters, potentially revisiting remedies amid the circuit flux. Subscribe for free at sandy@rudnickpro.com 14.If your firm needs any assistance in understanding the above cases, negotiating a favorable contract or to go nonunion or any other labor relations issue, please call H. Sanford Rudnick JD of H. Sanford Rudnick & Associates or any other labor issue, please call 1-800-326-3046 or sandy@rudnickpro.com 24/7.

An Employer could Terminate an Employee for using a BLM pin on his Apron which violated the Company’s Policy for having a Neutral Dress Code. 1. Home Depot U.S.A., Inc. v. NLRB (8th Cir., No. 24-1406, decided November 6, 2025)Key Facts: An employee at a Home Depot store near Minneapolis displayed "BLM" on his uniform apron amid ongoing racial tensions following George Floyd's murder in 2020, including store-specific incidents of discrimination and vandalism. The store enforced its neutral dress code prohibiting political messages, leading to the employee's constructive discharge after refusal to remove it. The NLRB (in a 3-1 decision from February 2024) found this violated Sections 7 and 8(a)(1) of the NLRA, ruling the display was protected concerted activity tied to workplace racial issues. 2.Holdings: The Eighth Circuit granted Home Depot's petition for review, vacated the NLRB order, and remanded. Assuming arguendo the activity was protected, the court upheld the employer's "special circumstances" defense under Republic Aviation Corp. v. NLRB and Eastex, Inc. v. NLRB, citing risks to employee/customer safety, potential dissension, and public image in a high-tension post-Floyd environment with local unrest (e.g., looting affecting the store). The court criticized the NLRB for undervaluing these business justifications. 3.Implications: Reinforces employers' ability to enforce uniform policies restricting divisive messages in volatile contexts, even if linked to workplace concerns, while offering alternatives (e.g., DEI pins). It limits NLRB overreach in second-guessing employer safety and image decisions, potentially influencing similar cases in customer-facing roles. 4. If you need any assistance in determining what an employee can put on his uniform or any other human resource need, please contact Sanford Rudnick to respond to your health care union at 800-326-3046 or sandy@rudnickpro.com

9th - Damages to union members unlawfully locked out after a strike are upheld. International Union of Operating Engineers v. NLRB (9th Cir 10/20/2025) http://case.lawmemo.com/9/operatingengineers1.pdf 1.The Union charged Macy's with unfair labor practices under the NLRA. 2.During a dispute over a successor contract, the union went on strike for three months. 3.The union ended the strike after several months and offered to return to work unconditionally. 4.Macy's then locked out union members. 5.The Board found that Macy's had violated the NLRA. 6.The 9th circuit affirmed the Board's order, finding that the employer did not have legitimate and substantial business justifications for the lockout. 7.The court denied the union's motion for extraordinary damages, and also upheld the Board's determination that the damages awarded were appropriate. 8.The court held that the issue is appropriately heard at upcoming compliance hearings related to the order and declined addressing the employer's arguments on that issue. 9. If your firm needs any assistance in determining what is a lawful lockout of your employees during negotiations, negotiating a favorable contract or to go nonunion or any other labor relations issue, please call H. Sanford Rudnick JD of H. Sanford Rudnick & Associates or any other labor issue, please call 1-800-326-3046 or sandy@rudnickpro.com 24/7.

1. An employee's right to strike is an important aspect of the right to organize but is not without limitations. Certain strikes qualify as protected activity under the National Labor Relations Act (NLRA), but not all strikes are protected. The main types of strikes covered by the NLRA are: 2(a) Unfair labor practice strikes, which protest employers' illegal activities. 2(b) Economic strikes, which may occur when there are disputes over wages or benefits. 2(c) Recognition strikes, which are intended to force employers to recognize unions. 2(d) Jurisdictional strikes, which are concerted refusals to work to affirm members' right to particular job assignments and to protest the assignment of work to another union or to unorganized employees. 3. A unionized employee's right to reinstatement after a strike ends varies based on the type of strike and the underlying reason for the strike. Employers are allowed to hire replacement workers during unfair labor practice strikes and economic strikes. 4. Economic strikers who are striking as a result of the employer's failure to reach an agreement over wages or other working conditions may be permanently replaced but cannot be terminated. Strikers who are striking as a result of an unfair labor practice cannot be permanently replaced or terminated. 5. At the end of a strike, unfair labor practice strikers are entitled to be reinstated to their former positions (even if that means the employer has to terminate replacement workers) as long as they have not participated in any misconduct. Economic strikers who offer to return to work after the employer has hired permanent replacement workers are not entitled to reinstatement. However, if they can't find equivalent employment elsewhere, they are entitled to be recalled as job openings become available. 6. Union members lose protection when they engage in strikes considered unlawful under the NLRA (e.g., sit-down strikes, strikes that endanger employer's property, strikes during cooling-off periods or strikes to force acceptance of featherbedding practices). The right to strike also may be limited by any agreements employees may have with the employer to submit disputes to arbitration for a specified period of time before striking. 7. In addition to strikes protected by the NLRA, many states also have enacted legislation regarding strikes, so it is imperative to refer to your own state laws as well as federal law.

1. Employers who are entering into negotiations with a union for a new contract will be compelled by the union to bargain over handling increases in wages, health, pension and other benefits. The union will give you these increases in their proposal. Generally, unions want an employer to pick up all of the increases and the employers want the employees to share in the burden of the increased costs. Employers will need to consider various bargaining strategies to obtain a favorable contract, which may include a strike or lockout with your employees. 10 STEPS TO FOLLOW TO NEGOTIATE A FAVORABLE CONTRACT 2. Prior to selecting a bargaining strategy, an employer must identify its goals. It is important to achieve more favorable economic terms, less restrictive language or both. An employer must also determine if it has the proper person sitting at the bargaining table on its behalf to obtain the best contract from the union. It is time to introduce a new face as the company spokesman to show the union that times are changing. In the next several pages there are 10 considerations that every employer must assess before it sits down to bargain with the union. 3. Closely review the non-economic terms of the labor agreement. A review of judicial and administrative rulings will help determine if there is a need to negotiate for changes in the contract language. Contractual provisions may have been modified or even nullified by the courts or the National Labor Relations Board (NLRB). 4. Obtain the input of operating managers and line supervisors as to how they administer the labor agreement. Inquire about contractual provisions that hinder efficient operations. Often the best insights on the company’s bargaining position come from the front lines. 5. Schedule important deadlines. There may be adverse consequences for inaction on a number of important matters. For example, if the company is party to an agreement that was negotiated by a multi-employer bargaining group (i.e., association), the company must determine at the beginning of negotiations whether to negotiate as a part of the group or as an individual employer. 6. Assess the level of support for the union among the workforce by speaking with the line supervisors. Knowing whether employees will support a union and its proposals at the bargaining table will help assess what an employer needs to propose to reach a contract. 7. Construct a financial model that computes the specific cost components. This step is essential so negotiators can accurately report the cost associated with the company’s and the union’s proposals. This action is vital in determining the priority of any bargaining goals and objectives. 8. Anticipate bargaining issues regarding fringe benefits and alternatives. Plans should be reviewed as to coverage, usage and anticipated cost increases. Investigate the financial status of any Taft-Hartley plans to which contributions are made, as well as the amount of vested unfunded liabilities. Review the rights and obligations of the company as well as plan trustees in constructing the company’s position in the upcoming negotiations. 9A. Know your adversary. Use contacts in the “labor arena” to learn about the union and its officers. Is the local union supported by the International union? Are the current officers up for re-election in the near term? Is there strife among the officers, more than one of which may be sitting at the bargaining table? This information may help identify any intra-union pressures weighing on a union negotiator that may facilitate or hinder attempts to reach a deal. 9B. Determine if the union is negotiating other contracts in the industry at the same time because the results of those negotiations could affect the company’s negotiations. 9C. Assess the bargaining strengths and weaknesses of the union and the company. 10. Engage in contingency planning. In the event differences cannot be resolved, strike contingency planning is a vital adjunct to the issues that must be considered before bargaining begins. Contingency planning includes all aspects of ensuring that the operations continue in the event of a stoppage. 11. If your firm needs any assistance in negotiating a favorable contract or to go nonunion or any other labor relations issue, please call H. Sanford Rudnick JD of H. Sanford Rudnick & Associates or any other labor issue, please call 1-800-326-3046 or sandy@rudnickpro.com 24/7.

Employer Considerations When Seeking to Exit an 8(f) Agreement and Operate Non-Union I. Background Section 8(f) of the National Labor Relations Act (NLRA) allows construction industry employers to enter into “pre-hire agreements” with unions. These agreements differ from Section 9(a) contracts because they do not require the union to demonstrate majority employee support before recognition. However, once a valid 8(f) agreement expires, an employer may have greater flexibility to discontinue recognition and lawfully operate as a non-union contractor—provided the employer does not convert the relationship into a Section 9(a) recognition. Also, determine if you have any Unfunded pension liability with the OE Pension. 2. Key Considerations for Transitioning to Non-Union 3.Determine Whether the Relationship Is 8(f) or 9(a): 3A.Review the collective bargaining agreement (CBA) language. If the agreement or past dealings include an express or implied recognition of majority status, the relationship may have converted into a 9(a) agreement, which limits withdrawal rights. The NLRB has recently scrutinized “conversion” language closely. A pure 8(f) agreement generally preserves the employer’s right to withdraw recognition upon expiration. 4.Timing of Withdrawal: 4A. An employer must wait until the CBA expires before refusing to bargain further. Premature withdrawal or repudiation may result in unfair labor practice charges filed by the union at the NLRB under Section 8(a)(5). 4B. Send your union a letter stating that your agreement is an 8f agreement and you are terminating the agreement after it expires. Make sure you follow the termination language in your contract so you do not miss any important timelines. 4C. Your union could file for an RC election before the termination of your contract to certify your union to continue bargaining for their contract. 5. Employee Rights and Petitions: 5A.Employees retain the right to file a decertification (RD) petition to remove the union. Employers cannot solicit or encourage employees to file such petitions but can lawfully withdraw recognition after expiration if there is no majority support demonstrated. 6.Operational Planning: 6A.Prepare to source, recruit, and train a qualified workforce outside the union hiring hall. Consider whether subcontracting and bid obligations require union labor under project labor agreements (PLAs) or customer contracts. 7. Risk of NLRB Litigation: 7A.The union may file unfair labor practice charges alleging unlawful withdrawal of recognition. Employers should ensure clear documentation that the agreement was 8(f) only, that withdrawal occurred post-expiration, and that no unlawful promises or coercion occurred with employees. 8.Communications: 8A. All communications to employees regarding the transition should be lawful, factual, and non-coercive. Employers may explain their right to operate non-union but must avoid threats, retaliation, or interference with employee choice. 9. Recommended Employer Actions 10.Legal Review: Conduct a full review of the current CBA to confirm whether it is an 8(f) or potentially converted 9(a) agreement. 11.Exit Strategy: Develop a plan for workforce needs post-agreement, including recruiting non-union employees. 12.Compliance: Wait until contract expiration before withdrawing recognition; avoid premature unilateral action. 13.Documentation: Keep detailed records supporting the 8(f) nature of the relationship. 14.Risk Management: Prepare for potential NLRB charges and union challenges. 15. Conclusion An employer with an 8(f) agreement has options to lawfully operate non-union after the contract expires, provided that the relationship has not been converted to 9(a) status. Careful planning, timing, and legal compliance are essential to minimize risks. Also, an employer should determine if they have any unfunded pension liability. 16. If you need any assistance in terminating your 8(f)union agreement or any other labor relations, please call H. Sanford Rudnick & Associates at 800-326-3046, www.the unionexpert.com