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Labor Regulations Union Elections The National Labor Relations Act

Jackson Lewis P.C.

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

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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

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

Benesch

NLRB Guidance on Accelerated Union Election Schedule Effective at the End of December

Benesch on

On December 8, 2023, the National Labor Relations Board’s (“NLRB”) General Counsel published a Memorandum outlining the differences between the new union-friendly election rule that becomes effective on December 26, 2023 and...more

Husch Blackwell LLP

The Labor Law Insider: Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part II

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Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider host Tom Godar in Part II of this discussion of the impact of new Cemex decision by the NLRB. Suddenly, minor violations of the National Labor...more

Jackson Lewis P.C.

Labor Board Expands an Employer’s Duty to Bargain During Contract Negotiations

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Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more

Benesch

NLRB Revives 1940’s Precedent, Reducing Barriers to Representation

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On August 25, 2023, the National Labor Relations Board (NLRB) carried on with its pro-labor march by reviving elements of nearly eighty-year-old precedent. With its decision, Cemex Construction Materials Pacific, LLC, the...more

Miles & Stockbridge P.C.

NLRB Signals Preference for Union Recognition Without Secret Ballot Elections

The National Labor Relations Board (NLRB) signaled last week its preference that employers voluntarily recognize unions based on “card check” rather than a secret ballot election. In Cemex Construction Materials Pacific, LLC,...more

Venable LLP

NLRB Allows Unions to Represent Workers Without a Formal Vote

Venable LLP on

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

Burr & Forman

Return to the Expedited Election Rules

Burr & Forman on

On August 24, 2023, the U.S. National Labor Relations Board (“NLRB”) rolled back several Trump-era rules regarding how elections are conducted. More specifically, the new rules re-implement a series of Obama-era rules that...more

Proskauer - Labor Relations Update

General Counsel Abruzzo Looks to Overturn Board Precedent Again: This Time, Seeking to Broaden Union Access to Public Spaces

In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more

Robinson+Cole Manufacturing Law Blog

Union Representation Petitions Are Up 57 Percent, but That’s Not All!

Americans view labor unions more favorably than they have in decades, and the recent shift in support seems to be yielding results. The private sector unionization rate was just 6.1 percent in 2021, and Union membership in...more

Stinson LLP

Are Captive-Audience Meetings and Secret-Ballot Elections About to Vanish?

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Uncertainty looms as NLRB General Counsel seeks to upend a combined 127 years of settled labor law to help unions organize workplaces Labor law has long been somewhat prone to uncertainty and inconsistency. - Each new...more

Proskauer - Labor Relations Update

BREAKING: NLRB General Counsel Seeks to Scrap 50 Years of Precedent and Require Card Check Recognition

With Congress failing to make the organizing process easier for unions, the NLRB General Counsel Jennifer Abruzzo is now asking the Board to require employers to recognize unions without a secret ballot election. As...more

Burr & Forman

A Lurking Danger – Is Unionization Inevitable?

Burr & Forman on

Since March of 2020 American businesses have been challenged with unprecedented and unique obstacles. A fairly robust economic engine shut down overnight, shelves were bare and supply chains were interrupted at an alarming...more

FordHarrison

NLRB's Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

FordHarrison on

Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union...more

Littler

NLRB General Counsel Aggressively Seeks to Expand Unions’ Right to Demand Recognition; Restrict Employer Speech

Littler on

National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more

Littler

Following the Doctor’s Orders: NLRB Decision Prescribes Union Election for Physicians

Littler on

In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in...more

Spilman Thomas & Battle, PLLC

The Battle at Bessemer: Round 2 Goes to the Union

On August 2, 2021, the high profile union campaign at the Amazon warehouse in Bessemer, Alabama took another interesting turn, as a hearing officer with the NLRB recommended that the Board throw out the earlier union election...more

Benesch

House Passes Union-Friendly ‘PRO Act’; Employers Call It a Con

Benesch on

The House of Representatives passed a bill that would overhaul federal labor law with the express purpose of making it easier for unions to organize workers and more difficult for employers to classify them as independent...more

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

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That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

Proskauer - Labor Relations Update

NLRB Establishes Pathway to Holding More In-Person Manual-Ballot Elections during the COVID-19 Pandemic

As employers faced with a representation petition filed during the COVID-19 pandemic can attest, Regional Directors of the National Labor Relations Board have been incredibly reticent to hold in-person elections. Indeed,...more

Jackson Lewis P.C.

NLRB General Counsel Issues Guidelines For In-Person Elections During COVID-19 Pandemic

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In an effort increase the use of the in-person or manual ballot method for conducting secret ballot elections, the National Labor Relations Board (NLRB or Board) General Counsel (GC) has issued comprehensive “suggestions” for...more

Proskauer - Labor Relations Update

NLRB Regions Hold Information Sessions to Discuss Representation Case Changes

In December 2019, the NLRB announced its Final Rule governing representation case procedures. The Final Rule applies to petitions filed on or after May 31, 2020. With the effective date fast approaching, NLRB Regions...more

Perkins Coie

NLRB Will Restart Union Representation Elections April 6, 2020

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The National Labor Relations Board (NLRB) issued a press release on April 1, 2020, stating that, The National Labor Relations Board will not extend its temporary suspension of Board-conducted elections past April 3, 2020 and...more

Proskauer - Labor Relations Update

Update: NLRB Delays Implementation of Final Election Rule Changes to July 31, 2020

As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice...more

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