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National Labor Relations Board Unions Non-Union

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... more +
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 -
Foley & Lardner LLP

Minimizing National Labor Relations Act Liability for Employers with Non-Unionized Workforces

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Employers with a non-unionized workforce often mistakenly believe that they are not covered by the National Labor Relations Act (NLRA or the “Act”). The NLRA is most commonly known as the law that guarantees employees the...more

Davis Wright Tremaine LLP

OSHA Rule Could Allow Union Representatives to Join Inspections – Even at Non-Unionized Worksites

The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) has proposed revisions to the existing rules governing who can participate in OSHA's onsite workplace inspections. The purpose of these...more

Ballard Spahr LLP

NLRB Expands Joint Employer Rule

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Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The...more

Davis Wright Tremaine LLP

Non-Union Employers Face Triple Threat: Unfair Labor Practice Charges, Unionization, and Bargaining Orders

The National Labor Relations Board has released more statistics that further confirm what labor lawyers suspected: Employers are subject to more unfair labor practice charges, Employees and labor organizations are...more

Mitchell, Williams, Selig, Gates & Woodyard,...

The Pendulum Swings Back: NLRB Targets Neutral Work Rules in Reversal of Prior Ruling

Think over the policies in your handbooks. Do you have one that requires workplace civility (“thou shalt not be disrespectful or insubordinate to thine co-workers or supervisors”)? Or one that requires that employees keep...more

Foley & Lardner LLP

NLRB Finds that Advocacy of Non-Employees is Protected Under the National Labor Relations Act

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As we have observed several times this year, the National Labor Relations Board (NLRB or the “Board”), under the majority appointed by President Biden, has taken a number of actions to widely expand workers’ rights under...more

Parker Poe Adams & Bernstein LLP

Two New NLRB Decisions Expand Labor Rights for Non-Unionized Workers

The National Labor Relations Board continues its recent streak of overturning board decisions from the Trump administration that limit the rights of employees to organize and complain about working conditions. The latest...more

McDermott Will & Emery

NLRB Targets Noncompetes at Union and Nonunion Companies

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In Memorandum GC 23-08 (Memo), Jennifer A. Abruzzo, General Counsel of the National Labor Relations Board (NLRB), announced that her office would target for prosecution both union and nonunion employers for offering,...more

Epstein Becker & Green

#WorkforceWednesday: NLRB Agenda Puts Pressure on Union and Non-Union Employers - Employment Law This Week®

This week, we examine how several recent pronouncements and actions by the National Labor Relations Board (NLRB) and its General Counsel’s office are creating new challenges for employers, both union and non-union: The NLRB...more

Venable LLP

There’s a New Remedy in Town: NLRB Adds Consequential Damages as a Remedy for Unfair Labor Practices

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On December 13, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or the Board) added consequential damages as a “make-whole” remedy for unfair labor practices, expanding the relief available to workers....more

Woods Rogers

Seven Things To Know About The Biden NLRB’s New “Road Map”

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The NLRB General Counsel’s Office is not wasting any time making changes to national labor law policy. General Counsel Jennifer Abruzzo recently issued her third memorandum in just two months. Abruzzo’s first memo,...more

Snell & Wilmer

NLRB General Counsel Memorandum Reveals New Enforcement Strategy Affecting All Employers

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In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers...more

ArentFox Schiff

Scabby the Rat May Live, Says the NLRB

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Perhaps you’ve seen it: A gigantic, inflatable, plastic, fanged, red-eyed, and beclawed rat, nicknamed Scabby, that unions sometimes deploy when protesting non-union businesses. Former NLRB General Counsel targeted Scabby for...more

Roetzel & Andress

NLRB Relaxes Trump-Era Financial Disclosure Requirements For Unions

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Last week, the NLRB’s General Counsel rolled back Trump-era financial disclosure requirements for unions. Even without a complaint, unions were required to explain fees charged to nonmembers. Now, beyond routine financial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Explains When Granting Benefits to Nonunion Employees and Withholding the Same From Union Workers Can Be Lawful

On May 7, 2019, the National Labor Relations Board issued a decision that will be welcomed by employers desiring to maintain differences in the benefits provided to their union and nonunion employees. In Merck, Sharp & Dohme...more

Sheppard Mullin Richter & Hampton LLP

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

Parker Poe Adams & Bernstein LLP

NLRB Says Non-Union Member Dues Cannot be Used for Lobbying Purposes

In its 1988 Beck decision, the U.S. Supreme Court concluded that non-union members who were part of a collective bargaining unit could not be assessed dues for purposes other than collective bargaining or other matters...more

Sheppard Mullin Richter & Hampton LLP

I’m Not Paying for That! National Labor Relations Board Increases Rights of Beck Objectors and Further Limits the Activities...

n March 1, 2019, the National Labor Relations Board (“Board”), in a 3-1 decision, ruled that Beck objectors cannot be required to financially support the lobbying efforts of unions because lobbying costs are not chargeable as...more

Fisher Phillips

NLRB Deals Blow To Unions’ Ability To Use Fees For Lobbying Purposes

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The National Labor Relations Board just decided that private sector unions cannot use fees paid by nonmembers to fund their lobbying efforts. Especially when coupled with last year’s momentous Janus decision at the U.S....more

McCarter & English, LLP

NLRB Retreats From Expansive Definition Of “Concerted Activities,” Gives Employers More Leeway

The National Labor Relations Act (NLRA or the Act) gives employees in the private sector the right to form and join unions and to collectively bargain with employers. It also gives employees the right “to engage in other...more

Fisher Phillips

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

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Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace....more

McGuireWoods LLP

NLRB Denies Petition to Use Its Rulemaking Power to Extend Weingarten Rights to Nonunion Employees

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On May 3, 2017, the National Labor Relations Board unanimously denied a petition filed by a former NLRB attorney asking the Board to grant nonunion employees the right to have a representative present during investigatory...more

Burr & Forman

Lessons from Boeing's union election victory in Charleston

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Many of you already know about Boeing workers soundly rejecting the Machinist Union’s effort to represent approximately 2,800 employees at Boeing’s Charleston facility. Seventy-four percent of voting employees desired to keep...more

Holland & Knight LLP

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

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The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

BakerHostetler

Closing Shop: Courts Look to Rein in the NLRB

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Over the past several years, the National Labor Relations Board (“NLRB” or “Board”) has engaged in an aggressive campaign to extend its reach into non-union workplaces with the goal of facilitating unionization....more

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