News & Analysis as of

The National Labor Relations Act › Union Elections › Employee Rights

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 -
Amundsen Davis LLC

NLRB Bans Mandatory Captive Audience Meetings to Help Unions Mislead Workers

Amundsen Davis LLC on

Since 1948, employers could lawfully require employee attendance at on the clock captive audience meetings, even under threat of discharge or discipline. That changed this week as the National Labor Relations Board (NLRB), in...more

Parker Poe Adams & Bernstein LLP

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

Parker Poe Adams & Bernstein LLP on

During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...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

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

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

CDF Labor Law LLP

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

CDF Labor Law LLP on

On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 3

Bricker Graydon LLP on

In Part One of our 3-part series, we touched on the background and landscape that led up to the Dartmouth decision. In Part Two, we explored the decision itself and pulled on the strings that the National Labor Relations...more

Littler

NLRB Regional Director Says Dartmouth Men’s Basketball Players Are Employees, Can Vote in Union Election

Littler on

On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their...more

K&L Gates LLP

NLRB Weakens Secret-Ballot Elections in Union Campaigns, Increasing Unionization Perils

K&L Gates LLP on

On 25 August 2023, the Cemex decision by the National Labor Relations Board (NLRB or Board) upended 52 years of Board law that had previously enshrined the secret-ballot election as the default method for union certification....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

Parker Poe Adams & Bernstein LLP on

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

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

Littler

Act Fast: National Labor Relations Board Reverts to Shortened 2014 Representation Election Timeframe

Littler on

On August 24, 2023, the National Labor Relations Board (the “Board”) issued a final rule (the “2023 final rule”) amending the federal regulations that govern representation election procedures. The 2023 final rule is the...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

Stevens & Lee

Historic NLRB Decision Changes When Employers Must Recognize and Bargain with Unions

Stevens & Lee on

In a monumental sea change, on August 25, 2023, the National Labor Relations Board (NLRB) issued a decision in Cemex Construction Materials Pacific, LLC announcing a new rule for deciding when employers must bargain with...more

Littler

D.C. Circuit Issues Mixed Ruling Regarding Major Provisions of the NLRB’s 2019 Election Rule

Littler on

On January 17, 2023, a divided D.C. Circuit panel struck down three provisions of the National Labor Relations Board’s 2019 final rule on representation case procedures related to union elections, while upholding two...more

Littler

Potential Rescission of NLRB’s 2020 Election Protection Rule

Littler on

On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

Jackson Lewis P.C.

Top Five Labor Law Developments for April 2022

Jackson Lewis P.C. on

1. The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board...more

Stinson LLP

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

Stinson LLP on

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

FordHarrison

NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count

FordHarrison on

Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

43 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide