News & Analysis as of

The National Labor Relations Act Quickie Election Rules Union Elections

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Bricker Graydon LLP

Rise of Union Elections

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Last fall we discussed the monumental shift in the National Labor Relations Board’s (NLRB) procedures to allow unions to skip the lengthy election process if an employer fails to act upon demand for recognition. And...more

Sherman & Howard L.L.C.

How the NLRB Stole Christmas: Expedited Representation Election Cases!

Sherman & Howard L.L.C. on

In late December, the National Labor Relations Board (“NLRB”) 2023 Election Rule will take effect, expediting the timeline for processing representation election cases. The 2023 Election Rule removes certain changes...more

Stokes Wagner

NLRB’s Cemex Decision Facilitates Union Recognition Even Without Elections

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On August 25, 2023, the National Labor Relations Board (the “NLRB”) released its long awaited Cemex Construction Materials Pacific (“Cemex”) decision. See NLRB Case No. 28-CA-230115. The crux of the Cemex case revolved around...more

Paul Hastings LLP

NLRB Elevates Union Authorization Cards Over Secret-Ballot Elections to Compel Employers to Recognize Unions

Paul Hastings LLP on

For more than 50 years, the National Labor Relations Board had held — with Supreme Court approval — that when a union claimed to represent an employer’s workforce, the employer could refuse to recognize the union, leaving the...more

Benesch

NLRB Revives 1940’s Precedent, Reducing Barriers to Representation

Benesch on

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

Parker Poe Adams & Bernstein LLP

NLRB Streamlines Union Election Procedures

The National Labor Relations Board has continued its reversal of Trump-era decisions. The NLRB issued a final rule expediting union election procedures, making it more difficult for employers to react and respond to...more

Constangy, Brooks, Smith & Prophete, LLP

Labor law roundup

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

Constangy, Brooks, Smith & Prophete, LLP

NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

Miles & Stockbridge P.C.

NLRB Resurrects ‘Quickie Election’ Rules

On Aug. 25, the National Labor Relations Board (NLRB) published a Final Rule that will reduce the time between the filing of a union election petition and the date the election occurs....more

FordHarrison

HEADS, I WIN – TAILS, YOU LOSE: The NLRB's Decision in Cemex and Its Recently (Re)issued Election Rules Pave the Way for Unions to...

FordHarrison on

Executive Summary: For nearly 90 years, whether employees desired union representation was determined through a secret ballot election administered by the National Labor Relations Board (NLRB or Board). Though the National...more

Epstein Becker & Green

NLRB Issues Final Rule on NLRB Election Procedures; Returns to “Quickie Election” Procedures

Epstein Becker & Green on

The National Labor Relations Board (“Board”) published its final rule (“2023 Rule”) on Friday, August 25, amending the representation election procedures that it previously proposed in 2019 and finalized, after some...more

Fisher Phillips

The Return of Quickie Union Elections: Top 10 Things Employers Need to Know About Labor Board’s Broad New Rule

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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

Proskauer - Labor Relations Update

Board Rescinds Four Provisions to 2019 Election Rule Following Federal Appeals Court Vacating the Provisions

Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice rescinding all four provisions,...more

Fisher Phillips

A Resurrected PRO Act Could Pay Dividends For Big Labor This Time Around

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As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more

Akerman LLP - HR Defense

Back to Pro-Labor: What Employers Can Expect From a Biden Presidency: Part II, Labor Relations Edition

Akerman LLP - HR Defense on

While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to...more

Jackson Lewis P.C.

At It Again: NLRB Proposes More Changes To Its Election Rules, Policies

Jackson Lewis P.C. on

Continuing its reshaping of its election rules, policies, and procedures, the National Labor Relations Board (NLRB) has proposed two new amendments to the policies and procedures governing its elections. The changes will be...more

Jackson Lewis P.C.

Despite Court Ruling, NLRB Implements Much Of New Election Rule

Jackson Lewis P.C. on

The National Labor Relation Board (NLRB) has implemented several parts of its new election rule. U.S. District Court Judge Ketanji Brown Jackson enjoined parts of the rule that, in her view, were not lawfully promulgated....more

Franczek P.C.

NLRB Emphasizes Employee Free Choice in Additional Amendments to “Quickie Election” Rules

Franczek P.C. on

On April 1, 2020, the National Labor Relations Board (NLRB) finalized a series of highly anticipated additional amendments to its union election procedures. The final rule, which can be found here targets the following three...more

Seyfarth Shaw LLP

Updated: NLRB Issues Final Rule Eliminating The Worst Of The Old Quickie Election Rules

Seyfarth Shaw LLP on

UPDATE: The new rule published in the Federal Register on December 18, 2019 was to take effect on April 16, 2020, but that effective date has been moved back to June 1. 2020 by the NLRB....more

Fisher Phillips

Labor Gets Wishlist Bill Passed In House

Fisher Phillips on

The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more

Perkins Coie

Labor Law Today—2019 Year in Review

Perkins Coie on

During 2019, the current National Labor Relations Board (the Board) majority became more active, beginning to overrule decisions handed down during the Obama administration and restoring decades of precedent. In addition...more

Stinson LLP

NLRB Modifies the "Quickie" Election Rules

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At the end of 2019, the National Labor Relations Board (NLRB) issued its long-anticipated final rule somewhat restructuring its controversial 2014 election rules overhaul (rules sometimes referred to as the "quickie" or...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Saul Ewing LLP

Happy New Year, Employers! From Your Friends at the NLRB.

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In December, the National Labor Relations Board (NLRB) issued a flurry of employer-friendly decisions. Management can toast the following end-of-year gifts and look forward to continuing success at the Board in the new year....more

Perkins Coie

NLRB Board Scales Back Rules for Fast-Tracking Union Representation Elections

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The National Labor Relations Board announced a number of changes to its representation election rules on December 13, 2019, many of which, to some degree or another, restored elements of the Board’s procedures prior to the...more

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