Inside The Beltway - NLRB Issues Three VERY Significant Pro-Union Decisions

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Unions won three major victories at the National Labor Relations Board. “Mini” or “micro-units” are now endorsed and employers must assess their job structures, job titles, job duties, reporting structures, and increase interchange frequencies to have a chance to oppose inevitable “cherry-picking.” Unions have great success in organizing small groups and this development will ensure more. Card-check recognition is now back despite no Employee Free Choice Act. If an employer agrees to recognize a union—in a large or small group of employees—there will be no opportunity for employees to have a secret ballot election to reject card signing that was conducted with pressure, intimidation, and covertly without the opportunity to hear the employer's views. Finally, employers acquiring companies through asset purchase transactions must think long and hard before hiring a majority of the predecessor’s union represented employees and accepting the predecessor’s union contract. The successor “bar” doctrine is back giving a union in an acquired company time to resist decertification or rival union petitions or the new employer’s withdrawal of recognition.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© John Raudabaugh | Attorney Advertising

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