News & Analysis as of October 19, 2024

Labor Reform

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

NLRB Reinstates Weapons for Unions in Attempting to Organize Non-Union Workplaces

CDF Labor Law LLP on 7/29/2024

Last week, the National Labor Relations Board issued its Fair Choice - Employee Voice Final Rule. This new Final Rule reinstates several practices that were in place prior to the Trump NLRB making changes in 2020....more

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

Littler on 8/30/2023

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

Return to the Expedited Election Rules

Burr & Forman on 8/30/2023

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

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

Epstein Becker & Green on 8/28/2023

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

Potential Rescission of NLRB’s 2020 Election Protection Rule

Littler on 11/11/2022

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

NLRB Proposes to Roll Back Its 2020 Rule Regarding Removal of a Union

Frantz Ward LLP on 11/9/2022

In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of...more

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

Proskauer - Labor Relations Update on 5/31/2022

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

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

Robinson+Cole Manufacturing Law Blog on 5/16/2022

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

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

Stinson LLP on 5/6/2022

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

Connecticut Legislature Passes Bill Prohibiting “Captive Audience” Meetings

Stevens & Lee on 5/6/2022

On Friday, April 29, 2022, the Connecticut House of Representatives passed a bill that would prohibit employers in the state from holding mandatory employee meetings addressing unionization. Senate Bill 163, which now moves...more

NLRB General Counsel Seeks to Facilitate Organizing

Bodman on 4/20/2022

The National Labor Relations Board’s current General Counsel, Jennifer Abbruzzo, is currently taking aggressive positions designed to help unions be more successful in organizing. The General Counsel is the agency’s top...more

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

FordHarrison on 4/19/2022

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

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

Proskauer - Labor Relations Update on 4/14/2022

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

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

FordHarrison on 4/13/2022

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

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

Littler on 4/13/2022

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

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on 12/11/2020

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

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

Akerman LLP - HR Defense on 11/11/2020

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

NLRB Will Restart Union Representation Elections April 6, 2020

Perkins Coie on 4/13/2020

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

NLRB Scales Back ‘Ambush Election’ Rule

Ballard Spahr LLP on 12/19/2019

On December 18, 2019, the National Labor Relations Board’s (Board or NLRB) published a final rule—effective on April 16, 2020—which modifies the 2015 so-called “ambush election” rules. The final rule will lengthen the...more

2020 Changes To NLRB Representation Election Rules—Heralding The End to ‘Ambush Elections’

Polsinelli on 12/19/2019

The National Labor Relations Board recently announced significant changes to its rules regarding Representation Elections. The new rules undo many of the controversial 2014 modifications made by the Obama Board, as discussed...more

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