News & Analysis as of

Decertification Unions

Fisher Phillips

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

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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

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

Fisher Phillips

NLRB Makes It Harder to Decertify Unions in Latest Pro-Labor Move: 3 Key Takeaways for Employers

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The National Labor Relations Board just ditched three Trump-era rules that had made it easier for workers to undo union representation. In a long-anticipated move, the NLRB issued a new regulation Friday scrapping agency...more

Foley Hoag LLP - Cannabis and the Law

Some Cannabis Employees Are Voting Out Their Union

Some cannabis workers in recent months have grown weary of their unions and have voted the unions out – or, in labor terms, “decertified” them. This has happened in two different Cresco Labs facilities. The first occurred at...more

Husch Blackwell LLP

The Labor Law Insider - Decertification of Union Bargaining Unit: What’s Happening Today, Part II

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In this episode of the Labor Law Insider, attorneys Adam Doerr, Trecia Moore, and host Tom Godar continue their discussion of decertification petitions, focusing on some of the practical implications related to...more

Husch Blackwell LLP

Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today

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Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today In this episode of the Labor Law Insider, our host, Tom Godar, is joined by Husch Blackwell attorneys Adam Doerr and Trecia Moore to...more

Foley & Lardner LLP

What’s the NLRB Up To Now?

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One of the cornerstones of the current administration’s platform has been to “encourage and incentivize union organizing and collective bargaining” and to do so by “appoint[ing] members to the National Labor Relations Board...more

Fox Rothschild LLP

NLRB Paves the Way for Unions to Block Decertification Petitions

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The National Labor Relations Board has issued a notice of proposed rulemaking that could make it more difficult for employees to end union representation at their workplace. Issued on Nov. 3, 2022, the Board’s proposed rule,...more

Jackson Lewis P.C.

Top Five Labor Law Developments for May 2022

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1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

Sherman & Howard L.L.C.

NLRB Keeps Contract Bar Rule—For Now

Over the past year, the viability of the “Contract Bar” rule has been far from certain. After considering whether to (1) rescind the doctrine, (2) retain it in its current form, or (3) modify it, the National Labor Relations...more

Proskauer - Labor Relations Update

NLRB Upholds Contract-Bar Doctrine in Current Form

On April 21, 2021, the National Labor Relations Board (the “Board”) declined to eliminate or modify its long-standing contract-bar doctrine, which purports to provide stability in the relationship among the employer, a...more

Seyfarth Shaw LLP

D.C. District Affirms the NMB’s Decertification Rule

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Seyfarth Synopsis: The National Mediation Board’s new decertification rule survived the first round of legal challenge. In 2019, the NMB issued a final rule providing a direct decertification process under the Railway Labor...more

Proskauer - Labor Relations Update

NLRB Continues to Aid Workers in Ousting Unions

The NLRB recently reiterated its position that the agency should not be so quick to dismiss petitions filed by employees seeking to decertify a union. The Board, in a 3-1 decision, held that if a petition for decertification...more

Robinson+Cole Manufacturing Law Blog

Manufacturing a Summer (Employment) Potpourri

As predicted here, the Trump Administration launched a series of not-so-surprising raids to arrest undocumented workers.  As of this writing, there has not been a noticeable increase in the prosecution of employers who employ...more

Bond Schoeneck & King PLLC

The NLRB Publishes Proposed Rules Amending Procedures in Representation Cases

On August 12, 2019, the National Labor Relations Board (“NLRB” or the “Board”) published proposed rules with the goal of protecting “employees’ statutory right of free choice on questions concerning representation.” ...more

Akerman LLP - HR Defense

NLRB Proposes Employer Friendly Changes to Union Election Rules

Employers may find it easier to remain union-free based on new rules proposed last week by the National Labor Relations Board for bringing unions into and out of the work place....more

Benesch

Proposed NLRB Rule-Making Aimed at Unions and Decertification Elections

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The National Labor Relations Board (“NLRB”) announced last week that it was proposing a series of rule changes. The first and most important focuses on updating its “blocking charge” policy, as well as revising the rules...more

Brownstein Hyatt Farber Schreck

NLRB’s Busy Summer Results in Key Labor Changes

The National Labor Relations Board (“NLRB”) has been busy this summer—issuing two significant decisions, and one advice memorandum—that tilts the scales in favor of employers. The rulings of the NLRB will have serious...more

FordHarrison

NMB Adopts Rule Change to Simplify the Decertification Process of Labor Unions

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 On July 26, 2019, the National Mediation Board (NMB) announced that it is amending its regulations to provide a straightforward procedure for the decertification of labor unions. ...more

Littler

NLRB Holds that Employer Does Not Taint Decertification Effort by Promoting the Employee Responsible for the Petition

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In a recent decision, AIM Aerospace Sumner, Inc., the National Labor Relations Board (Board) held that an employer could rely on a decertification petition to withdraw recognition from a union, even though the employer...more

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

Beltway Buzz - April 2019

Gentlemen, You Can’t Fight in Here! This Is the War Room! On April 3, 2019, for the third time in six years, the U.S. Senate went “nuclear” and changed its rules regarding filibustering of presidential nominees. This time,...more

FordHarrison

Airline Industry Alert: NMB to Hold Public Hearing on Proposed Rule to Simplify Process for Decertification of Labor Unions

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As previously reported, the National Mediation Board (“NMB”) issued a Notice of Proposed Rulemaking (“NPRM”) setting forth a proposal to amend its rules regarding the decertification of labor unions under the Railway Labor...more

Jones Day

The Death of the National Mediation Board’s "Straw Man" Decertification Procedure?

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The National Mediation Board's proposed rule would create a direct decertification procedure, eliminating its current, convoluted "straw man" decertification procedure. On January 31, 2019, the National Mediation Board...more

FordHarrison

Airline Industry Alert: NMB Announces Proposed Rule to Simplify the Decertification Process

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On January 31, 2019, the National Mediation Board (NMB) published a proposed rule and request for comments to amend its regulations to provide for decertification of labor unions. The NMB’s stated goal is to provide a “more...more

Proskauer - Labor Relations Update

NLRB Majority: Unqualified Notice to Picket Jobsite Where Neutrals Are Present Violates Act

We recently saw interesting decisions from the NLRB including cases about the employer’s duty to provide information about tax cuts, the lawfulness of litigation holds, and the validity of decertification petitions. At the...more

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