The Labor Law Insider - Decertification of Union Bargaining Unit: What’s Happening Today, Part II
Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today
This week, the regional director for Region 1 of the National Labor Relations Board issued an opinion that could usher in a wave of unionization efforts among college athletes. Fifteen members of the Dartmouth men’s...more
On August 25, 2023, the National Labor Relations Board (“NLRB”) decided Cemex Construction Materials Pacific, LLC, which lowered the threshold for the Board to issue a bargaining order rather than re-run an election when it...more
I hope this won't ruin your Labor Day weekend. The employer-unfriendly decisions from the National Labor Relations Board have been coming fast and furious. In honor of the holiday, here's a short recap. As you probably...more
On August 25, 2023, the National Labor Relations Board (NLRB or the Board) decided that employers must either recognize a new union or promptly file for an election when a union asks for recognition based on a majority of...more
On August 25, 2023, the National Labor Relations Board (NLRB) adopted a new standard for union representation that requires an employer to recognize and bargain with a union that has demonstrated majority status unless the...more
Employers were dealt yet another blow Thursday when the National Labor Relations Board re-introduced “quickie” elections and accelerated the time period between union petitions and elections. This is just one of the changes...more
The Illinois Supreme Court recently held in Cothron v. White Castle System, Inc., No. 128004 that a violation of the Illinois Biometric Information Privacy Act (the “Act” or “BIPA”) occurs and accrues every time a scan of a...more
The National Labor Relations Board (NLRB) has ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act when the employer uses employee severance agreements with provisions restricting employees’...more
1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the...more
As we’ve previously reported, the National Labor Relations Board (NLRB, or the Board) under the Biden administration has been issuing decisions that are more union-friendly and less favorable to employers. Earlier this month,...more
On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more
The pendulum has swung once again. On Dec. 14, 2022, the National Labor Relations Board (NLRB or Board) issued a decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), modifying the framework applied in...more
In a decision impacting employers that face a petition for election that seeks to represent part of the workforce, a divided National Labor Relations Board (NLRB) returned to its former Specialty Healthcare standard to apply...more
In a busy (and divided) week for the National Labor Relations Board (“NLRB” or “the Board”), the Board issued a 3-2 decision in American Steel Construction, Inc., 372 NLRB No. 23 (Dec. 14, 2022), reverting the test for...more
On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...more
The National Labor Relations Board on Wednesday revived an Obama-era standard that will make it easier for unions to organize employees and win elections. In a 3-2 decision in American Steel Construction Inc., the Board...more
On Wednesday, the National Labor Relations Board issued a groundbreaking decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), reviving the concept of collective bargaining “micro-units.” Micro-units are...more
On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more
Voluntary recognition of a union as the exclusive bargaining representative for employees within an identified bargaining unit of the employer can have potentially game-changing consequences for an employer. However, if the...more
Another wild swing of the pendulum? Since the National Labor Relations Board (NLRB) was not created until after his passing, Ben Franklin can be forgiven for mistakenly observing that the only certain things in life are...more
1. The National Labor Relations Board (NLRB) announced on Dec. 10 that it will again revisit its joint employer standard. The agency’s 2022 regulatory agenda includes plans to engage in the formal rulemaking process on the...more
The ability to form smaller bargaining units by breaking up larger aspects of an employer’s organization—sometimes called “micro-units”—is generally seen as an effort to enhance the ability of unions to gain entry into an...more
Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that adjunct, or contingent,...more
When it comes to fellowship—and collective bargaining—it looks like “fellows” aren’t treated the same as their permanent status co-workers. In Phoenix News Times, LLC and The Newsguild–CWA, 370 NLRB No. 84 (Feb. 10, 2021),...more
On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more