Ambush Election Rules

News & Analysis as of

NLRB Enforces Ambush Election Rules…..Then Finds Way Around Them

There has been a lot of hype about the so-called NLRB ambush election rules.  These are, of course, the NLRB’s take on fixing what it deemed a broken secret ballot election scheme, one allegedly marred by employers gaming the...more

"Employment Flash - August 2016"

The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more

NLRB Ambush Election Rule Withstands an Appeal

An employer-led challenge to the National Labor Relations Board’s 2015 changes to union election rules has been rejected by the 5th U.S. Circuit Court of Appeals. The rejection means that the controversial rule changes...more

NLRB Expedited Election Rules Survive Fifth Circuit Appeal

Seyfarth Synopsis: The Fifth Circuit upheld the NLRB’s expedited union election rules on Friday, rejecting an appeal from construction-industry employers and small businesses - The U.S. Court of Appeals for the Fifth...more

How Have Dealerships Fared In Fight Against Union "Quickie" Elections?

The National Labor Relations Board’s (NLRB) “quickie” election rules took effect on April 14, 2015, substantially expediting the union election process. Among other things, the new rules cut the time period between...more

Labor & Employment in 2016: Issues to Watch in the New Year

This year is shaping up to be a dynamic one in labor and employment law. From changes to minimum wage and overtime protections to large-scale Equal Employment Opportunity Commission (“EEOC”) investigations, here’s an outline...more

2016 Labor & Employment Outlook

This year is shaping up to be a dynamic one in labor and employment law. From changes to minimum wage and overtime protections to large-scale Equal Employment Opportunity Commission (“EEOC”) investigations. Here are the top 6...more

NLRB "Quickie Election" Rule Providing A Big Boost To Unions

At the start of 2015, employers across the country were bracing for the National Labor Relations Board’s new “quickie election” rule. We warned that the new procedures would have a significant impact on union-organizing...more

Employment Law 2015 - Year In Review

Employment law is a constantly changing legal landscape and the past year provided employers and employees with a great deal of food for thought. The following cases and decisions by courts, the National Labor Relations Board...more

NLRB Continues to Make Things Easier for Organized Labor

As we reach the end of 2015, recent statistics released by the National Labor Relations Board (NLRB) confirm that it is no longer a level playing field for employers who wish to remain union-free. The "quickie" representation...more

Labor Strikes Back: The New NLRB Initiatives

While private sector union representation has been declining for decades, the last few years have ushered in a resurgence of union initiatives. Importantly, these efforts have been fueled by a labor friendly National Labor...more

Postcards from the R-Case Edge: Insights into Supervisory Status Issues in a Proposed Unit

Since the new “ambush” election rules went into effect on April 14, 2015, there have been over 1,000 petitions for elections filed with the National Labor Relations Board (NLRB). Approximately 60 of those petitions have led...more

“Click Here To Organize”— NLRB now Accepts E-Signatures on Authorization Cards

The National Labor Relations Board (NLRB) has made union organizing by email and social media a reality. The NLRB’s General Counsel issued Memorandum 15-08 on September 1, 2015, stating that, “[e]ffective immediately, parties...more

The NLRB’s New Election Rule: Lessons Learned From the First 150 Days

About six months ago, the National Labor Relations Board’s new regulations and procedures governing union representation elections went into effect. Before they did, many people predicted that the new rules would...more

An Emboldened Labor Board Continues to Expand Union and Employee Protections

With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights...more

An Emboldened Labor Board Continues to Expand Union and Employee Protections

With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights...more

NLRB Begins Accepting "Electronic Signatures" for Election Petitions

On September 1, 2015, the National Labor Relations Board General Counsel, Richard F. Griffin, Jr., issued Memorandum GC 15-08, "Guidance Memorandum on Electronic Signatures to Support a Showing of Interest." In the...more

Employment Law Alliance’s Labor Day Survey Illustrates Disconnect Between Union Promises and Reality

In advance of Labor Day in the U.S. and Labour Day in Canada, the Employment Law Alliance (ELA), the world’s largest network of management-side labor, employment and immigration lawyers, has released the results of its latest...more

Federal Judge Rejects Challenge to NLRB Ambush Election Rules

Last year, the Department of Labor issued final rules significantly reducing employers’ ability to administratively challenge petitions for unionization. The rules significantly restrict the grounds on which employers can...more

NLRB’s New Election Rules Are Here to Stay

The NLRB’s “ambush” or “quickie” election rules are definitely here to stay. A federal judge in a Washington, D.C. district court rejected the U.S. Chamber of Commerce and other business groups’ challenge to the Board’s new...more

Is Your Company Ready for a Union Ambush?

Please see Chart below....more

The First 100 Days of Ambush Elections: Impact on the Retail and Hospitality Sectors

The National Labor Relations Board (NLRB) implemented its “ambush” or “quickie” election rules on April 14, 2015. An analysis of available NLRB data on representation election (RC) petitions filed since the effective date of...more

Executive Labor Summary - June / July 2015

What are the labor implications of Supreme Court’s decision in King v. Burwell? - On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more

House and Senate Appropriations Committees Approve Funding Bills with Riders Targeting DOL, NLRB Initiatives

Both the House and Senate Appropriations Committees advanced bills this week to fund various federal agencies for FY 2016. Each chamber approved versions of spending measures that include riders prohibiting funding for a...more

New union election rules yield much quicker elections

Union election petitions and quicker elections have been the immediate effect of the National Labor Relations Board’s new election rules which took effect on April 14, 2015. The new rules were intended to speed up the...more

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