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David Hertel

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Throughout his career, David has represented management in all aspects of labor and employment law. A significant part of his practice is representing management in labor contract negotiations, unfair labor practice proceedings, labor grievances and arbitrations, and responses to union organizing efforts.

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In episode three of the Labor Law Insider podcast, Husch Blackwell attorneys Tom Godar, David Hertel and Laura Malugade note the confirmation of Jennifer Abruzzo as General Counsel as well as two new nominations to the National Labor Relations Board which, upon confirmation, will usher in a new Democratic majority on the Board. With the…

Key Points

  • Direct evidence of a plan to engage in repeated strikes to achieve a common goal establishes that such strikes are unprotected, intermittent strikes.
  • Only in the absence of direct evidence will the Board consider extenuating circumstances to evaluate whether multiple strikes constitute protected activity.

On July 25, 2019, a majority of the NLRB…