NLRA, Union Organizers, Labor Relations

Will Section 10(j) Injunction Petitions By the NLRB Melt Away or Just Cool Down Since SCOTUS Served Starbucks a Win This Summer?

Akerman LLP - HR Defense on 8/14/2024

The National Labor Relations Board (NLRB or Board) has been using a caffeinated approach to challenge employers in unfair labor practice disputes, with Section 10(j) injunction petitions at the top of the menu, often...more

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Supreme Court Rejects More Lenient Test for NLRB Injunctions

Perkins Coie on 6/20/2024

On June 13, 2024, the Supreme Court of the United States made it harder for the National Labor Relations Board (NLRB) to win injunctive relief against employers accused of unfair labor practices. The Court held in Starbucks...more

NLRB puts kibosh on American tradition of whiskey for votes

Constangy, Brooks, Smith & Prophete, LLP on 4/18/2024

According to U.S. News & World Report, in 1758 George Washington was elected to the Virginia House of Burgesses after he plied voters with beer, whiskey, rum punch, and wine. He did so after a landslide loss three years...more

Green Growth and Labor Harmony: Navigating Labor Peace Agreements in the Booming Cannabis Industry

Amundsen Davis LLC on 4/3/2024

As legalization of cannabis has spread, profits have grown in the 25 states that allow for the retail sale of cannabis for recreational use, and labor unions have found great opportunity for getting a lift from the cannabis...more

D.C. Circuit Clarifies Employer Communication Rights During Union Campaigns

Littler on 4/2/2024

On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit clarified the rules that apply when employers distribute information and observe employees during union campaigns. The court found that a New York-based...more

What Every College and University Should Know About the National Labor Relations Act and its Impact on Campus Life

Akerman LLP on 3/19/2024

Colleges and universities continue to experience increased union organizing activity, strikes, and other protests from its workers, outpacing similar activities by workers in other industries. Although these activities were...more

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

Littler on 3/6/2024

A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

Union Election Petitions in 2024: The Story So Far; Employer Petitions Skyrocket, but Don’t Detract from Union Petition Rates

Benesch on 3/4/2024

The Fallout from the NLRB’s Cemex Decision - As we previously addressed, the National Labor Relations Board’s (NLRB) August 25, 2023, decision in Cemex Construction Materials Pacific, LLC overturned long-established...more

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

Husch Blackwell LLP on 12/11/2023

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

Practical Impacts of the ‘Cemex’ Decision

BakerHostetler on 12/1/2023

The National Labor Relations Board’s (NLRB) landmark decision in the Cemex Construction Materials Pacific, LLC case, issued on August 25, signifies an attempt by its current leadership to turn around long-declining union...more

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

Seyfarth Shaw LLP on 11/30/2023

Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

Littler on 11/14/2023

The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing

Epstein Becker & Green on 11/7/2023

The United Stated Department of Labor Office of Labor-Management Standards (“OLMS”) recently signaled an alarming willingness to use its broad subpoena powers under Section 601 of the Labor-Management Reporting and Disclosure...more

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

Jackson Lewis P.C. on 9/22/2023

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

NLRB Streamlines Union Election Procedures

Parker Poe Adams & Bernstein LLP on 9/1/2023

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

NLRB Signals Preference for Union Recognition Without Secret Ballot Elections

Miles & Stockbridge P.C. on 9/1/2023

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

NLRB Resurrects ‘Quickie Election’ Rules

Miles & Stockbridge P.C. on 8/31/2023

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

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 8/30/2023

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

NLRB's New Framework for Union Organizing Puts Employers at a Severe Disadvantage

Fox Rothschild LLP on 8/29/2023

The National Labor Relations Board has issued a groundbreaking decision that jettisons 50 years of established law to provide unions a more favorable framework to organize nonunion companies. On the heels of new rules...more

Labor Board Issues New Election Rules and Makes It Easier for Workers to Unionize Without a Vote

Jackson Lewis P.C. on 8/28/2023

The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures...more

BREAKING NEWS! NLRB Makes It Much Easier For Unions to Represent Employees By Forcing Employers to Recognize A Union Under Certain...

Amundsen Davis LLC on 8/25/2023

August 25, the National Labor Relations Board (NLRB) just handed big labor a major assist when it comes to union organizing. In Cemex Construction Materials Pacific, LLC and International Brotherhood of Teamsters...more

The National Labor Relations Act › Union Organizers › Labor Relations