News & Analysis as of

National Labor Relations Board Union Elections

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Genova Burns LLC

2024 Election: How Labor Law Could Shift Under Trump or Harris Leadership

Genova Burns LLC on

The Presidential Election is upon us with many indicators predicting a close election. The two candidates and their respective party platforms offer opposing views on many major issues. ...more

Dorsey & Whitney LLP

Can my employees really unionize without an election?

Dorsey & Whitney LLP on

Following a landmark NLRB ruling last year, the answer is yes. For the last several decades, the process for union recognition of an employer’s workforce was largely unchanged....more

Jackson Lewis P.C.

Union Election Petitions Up 27%; Labor Board Activity Highest in a Decade

Jackson Lewis P.C. on

The National Labor Relations Board witnessed a significant increase in union election petitions in fiscal year (FY) 2024 (Oct. 1, 2023 – Sept. 30, 2024). The Board received 3,286 union election petitions, a 27 percent rise...more

Husch Blackwell LLP

The Labor Law Insider - Whistleblower Breaks Details of NLRB Mail Ballot Election Abuse – Part II

Husch Blackwell LLP on

In Part II of this exclusive Labor Law Insider podcast, former National Labor Relations Board Assistant Regional Director Rebecca Dormon continues to share her story of becoming a whistleblower against the federal agency she...more

Fisher Phillips

Get Ready for NLRB Rule Making It Harder to Decertify Unions: 5 Key Steps for Employers

Fisher Phillips on

A new labor regulation is set to take effect on September 30 that could make it harder for workers to undo union representation. In a long-anticipated move, the National Labor Relations Board (NLRB) ditched agency rules...more

BakerHostetler

The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

BakerHostetler on

The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more

McGlinchey Stafford

NLRB Set to Return to Obama Union Election Rules

McGlinchey Stafford on

On April 1, 2020, the National Labor Relations Board (NLRB or the Board) made various amendments to its rules and regulations governing blocking charges, the voluntary-recognition bar doctrine, and proof of majority support...more

Baker Donelson

Is It Really About Employee Voices? The National Labor Relations Board Continues its Union-Friendly Trend

Baker Donelson on

The National Labor Relations Board (the Board) is the federal agency tasked with administering the National Labor Relations Act (the NLRA). Chief among its responsibilities is governing the union recognition process in the...more

Proskauer - Labor Relations Update

NLRB Issues “Fair Choice-Employee Voice” Final Rule

On July 26, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule (the “2024 Rule”), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the “2020 Rule”) that...more

Parker Poe Adams & Bernstein LLP

National Labor Relations Board Reverses 2020 Union Election Results

Many federal agencies appear caught in a tennis match whereby interpretations of their statutory authority depend on the party in power at any given time. This has resulted in a number of situations where federal regulations...more

Benesch

NLRB Continues Its Rollback of Trump-Era Union Election Changes

Benesch on

Over the past several years, the National Labor Relations Board (the “Board”) under the Biden administration has taken several measures to make union election procedures more union-friendly....more

Stevens & Lee

New Rule Gives NLRB Ability to Block Union Elections

Stevens & Lee on

On July 26, 2024, the National Labor Relations Board (NLRB) issued the finalized Fair Choice – Employee Voice Final Rule (New Rule). The most impactful change of the New Rule is the NLRB’s ability to block a union election...more

Littler

NLRB Rescinds 2020 “Election Protection Rule”

Littler on

As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more

Jackson Lewis P.C.

Labor Board Returns to Pre-Trump Board Union Election Procedures

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and...more

CDF Labor Law LLP

NLRB Reinstates Weapons for Unions in Attempting to Organize Non-Union Workplaces

CDF Labor Law LLP on

Last week, the National Labor Relations Board issued its Fair Choice - Employee Voice Final Rule. This new Final Rule reinstates several practices that were in place prior to the Trump NLRB making changes in 2020....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules

On July 26, 2024, the National Labor Relations Board (NLRB) completed their unraveling of the commonsense representation case election rules previously implemented by the Board in 2020. ...more

Miller Canfield

NLRB Issues New Rules on Union Representation

Miller Canfield on

On August 1, 2024, the National Labor Relations Board is set to roll out its Fair Choice-Employee Voice Rule, which includes three major changes...more

Foley & Lardner LLP

Cemex Decision Cements Increase in Petitions for Union Elections

Foley & Lardner LLP on

In April 2024, the National Labor Relations Board (NLRB or the “Board”) released statistics on union petitions and unfair labor practice charges for its 2024 fiscal year. The NLRB received 1,618 union petitions during the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July 2024 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Franczek P.C.

Supreme Court Ruling in Starbucks v. McKinney: Implications for Employees and Unions

Franczek P.C. on

On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more

Proskauer - Labor Relations Update

Red Rock and a Hard Place: NLRB Issues First Post-Cemex Bargaining Order

On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2024 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Constangy, Brooks, Smith & Prophete, LLP

By the Numbers – A Look at Union Activity in 2024 Thus Far

2024 continues to be a busy year for the National Labor Relations Board, unions, and management. Nearly six months into the year, we have sufficient data to analyze the impact NLRB decisions such as Cemex Construction...more

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