News & Analysis as of

Union Elections Labor Relations Employer Liability Issues

Littler

NLRB Rescinds 2020 “Election Protection Rule”

Littler on

As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

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

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 11: Understanding Unions with Patrick Wilson, Maynard Nexsen Attorney...

Maynard Nexsen on

In this two part series, Maynard Nexsen labor & employment attorney Pat Wilson joins hosts Tina and Christy to discuss what employers should understand about unions and how they can address them. Pat dives into the influence...more

Shook, Hardy & Bacon L.L.P.

NLRB Issues Memorandum on Union Elections

There has been a great amount of activity in union organizing efforts in recent years. Many societal and market changes, as well as the impact of the pandemic on various working arrangements, serve as the foundational basis...more

Lathrop GPM

NLRB Clears Path for Union Representation Without an Employee Vote

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For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General...more

Benesch

NLRB Guidance on Accelerated Union Election Schedule Effective at the End of December

Benesch on

On December 8, 2023, the National Labor Relations Board’s (“NLRB”) General Counsel published a Memorandum outlining the differences between the new union-friendly election rule that becomes effective on December 26, 2023 and...more

Burr & Forman

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

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For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Robinson+Cole Manufacturing Law Blog

Manufacturers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election.  The NLRB’s new standard (announced in Cemex Construction...more

Akerman LLP - HR Defense

Cemex Construction NLRB Decision

It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue...more

Stevens & Lee

Cemex Decision Examined: How the NLRB Dramatically Changed the Unionization Process

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On August 25, 2023, the National Labor Relations Board (NLRB) issued a historic and paradigm shifting decision . In short, the NLRB dramatically changed the process of how a union can be formed in the workplace. Instead of...more

McDermott Will & Emery

NLRB Abandons Primacy of Secret Ballot Elections: Employers Should Reassess Labor Relations Risk and Develop New Action Plans

McDermott Will & Emery on

In its recent Cemex Construction decision, the National Labor Relations Board (NLRB) abandoned two fundamental rules enshrined in Supreme Court case law. Both of those Supreme Court decisions prioritized secret ballot...more

Jackson Lewis P.C.

Labor Board Expands an Employer’s Duty to Bargain During Contract Negotiations

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Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

Bond Schoeneck & King PLLC

NLRB Restores Expedited Union Election Procedures

On Aug. 25, 2023, the National Labor Relations Board (NLRB) published a final rule regarding election proceedings. In issuing the rule, the NLRB reinstated election procedures it issued in 2014. These procedures shorten the...more

Ballard Spahr LLP

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition

Ballard Spahr LLP on

On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,...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

Littler

NLRB’s Cemex Decision - Not Exactly Card Check, but Awfully Close

Littler on

On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) released its highly anticipated decision in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115.  Cemex involved allegations...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

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

Amundsen Davis LLC

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

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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

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