News & Analysis as of November 15, 2024

Ambush Election Rules

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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 -

[Webinar] New Employee Handbook Laws: Tips for Compliance - June 26th, 1:00 pm EST

Conn Maciel Carey LLP on 5/9/2024

As we near the end of the Biden Administration’s first term, the NLRB has continued to be very active in issuing decisions that align with the Administration’s philosophy. These decisions are wide-ranging and include...more

The Practical NLRB Advisor: Spring 2024

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/28/2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...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

NLRB Adopts New Union-Friendly Recognition Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/28/2023

On August 25, 2023, the National Labor Relations Board (NLRB) adopted a new standard for union representation that requires an employer to recognize and bargain with a union that has demonstrated majority status unless the...more

New NLRB Published Rule Changes Union Election Procedures

Williams Mullen on 8/28/2023

For the third time in a decade the National Labor Relations Board (“NLRB” or “Board”) has again changed the procedural rules that affect the processing of union election petitions and the length of time between the filing of...more

NLRB Finalizes Rollback of Trump-Era Union Election Changes

Benesch on 8/25/2023

As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023...more

NLRB Reverts to Quick Union Elections Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/25/2023

On August 24, 2023, the National Labor Relations Board (NLRB) announced a new final rule for union elections that revives the prior “ambush election” rules. The new rule compresses the time period between the time a...more

[Podcast] The PRO Act: Why You Should Know What It Is and Why It Will Reshape the American Workplace

BakerHostetler on 3/17/2021

Peter Fischer and Christian White, two attorneys in BakerHostetler’s Labor and Employment Group, discuss the Protecting the Right to Organize Act, commonly referred to as the “PRO Act,” and discuss how the most transformative...more

Labor Reform: What to Expect From a Biden Administration With Democratic Control of Congress

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/22/2021

At noon, eastern standard time, on January 20, 2021, Joseph R. Biden Jr. became the 46th president of the United States, giving Democrats control of the executive branch, and, albeit by the thinnest of margins (with Vice...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

D.C. District Court Holds That Portions of NLRB Rule Rolling Back ‘Ambush Election’ Rules are Unlawful, NLRB Implements Remaining...

Ballard Spahr LLP on 6/8/2020

On December 18, 2019, the National Labor Relations Board (Board or NLRB) published a final rule, which was originally set to become effective on April 16, 2020, and which modified the so-called 2014 “ambush election” rules. ...more

Year 2020 Hindsight Reveals That The Current NLRB Has Overhauled Our National Labor Laws Since 2017

Seyfarth Shaw LLP on 2/25/2020

Seyfarth Synopsis: It should be clear to all that the NLRB has taken significant steps to restore the law to a footing that more closely resembles the landscape that existed prior to the Obama Board. ...more

The Protecting the Right to Organize PRO Act of 2019: An Outline of its Proposed Labor Reforms

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/10/2020

On February 6, 2020, the House of Representatives passed H.R. 2474, The Protecting the Right to Organize Act of 2019 (PRO Act). The PRO Act would fundamentally alter federal labor law by dramatically tilting the playing field...more

The NLRB’s Revised Representation Case Procedures, Part II: Elections and Beyond

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/24/2020

On December 18, 2019, the National Labor Relations Board (NLRB) published final rules that will take effect April 16, 2020, changing and clarifying many of the procedures established in the 2014 amendments to the...more

Labor Law Today—2019 Year in Review

Perkins Coie on 1/17/2020

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

The NLRB’s Revised Representation Case Procedures, Part I: The New Pre-Election Procedures

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/17/2020

The National Labor Relations Board (NLRB), led by members appointed by President Barack Obama and with a pro-labor agenda, implemented many procedural changes during the last decade. One of the more significant and...more

NLRB Modifies the "Quickie" Election Rules

Stinson LLP on 1/14/2020

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

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

Saul Ewing LLP on 1/3/2020

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

NLRB Relaxes Obama-Era Rules on Union Election Timetable

Parker Poe Adams & Bernstein LLP on 12/27/2019

In 2014, the National Labor Relations Board adopted regulations that considerably shortened the time period between certification of a petition for union recognition and the election on this question. In addition, the rules...more

NLRB Scales Back "Quickie Election" Rules

Harris Beach PLLC on 12/24/2019

On December 13, 2019, the National Labor Relations Board (“NLRB” or the “Board”) issued a proposed rule that will modify the procedures governing NLRB elections. The proposed rule will extend deadlines and add procedural...more

NLRB Issues Rule Repealing Key Components of Quickie Election Rules

McNees Wallace & Nurick LLC on 12/23/2019

If you follow our blog, you know that the National Labor Relations Board’s election rules have been a hot topic over the past several years. The Board’s election rules are critical, because time can often make a difference...more

NLRB Modifies Obama Board Election Rules

Burr & Forman on 12/20/2019

The National Labor Relations Board (“NLRB”) recently announced changes to its representation case procedures that mark a shift away from the “ambush elections” created by the 2014 Obama-era rules. Though the 2014 rules are...more

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

Seyfarth Shaw LLP on 12/20/2019

Seyfarth Synopsis: On December 13, 2019, the National Labor Relations Board (“Board”) announced the final rule amending the procedures used for elections to determine whether employees desire to be represented by a labor...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

NLRB Makes Welcome Changes to "Quickie" Election Rules

Steptoe & Johnson PLLC on 12/19/2019

On December 13, 2019, the National Labor Relations Board modified regulations implemented by the NLRB in 2015 that dramatically accelerated the complex union election process. The 2015 rules were appropriately nicknamed the...more

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