Ambush Election Rules

News & Analysis as of

House Joins Senate in Passing Resolution to Disapprove New NLRB Election Rule

Last week, the U.S. House of Representatives voted 232-186 in favor of passing a resolution to disapprove the National Labor Relations Board’s (“NLRB’s”) new “quickie election” rule, which becomes effective April 14 and is...more

NLRB “Quickie Election” Rule Accelerates the Union Organizing Process

In December 2014, the National Labor Relations Board (“NLRB”) announced new rules governing “Representation—Case Procedures.” The new rules—set to take effect in just under a month, on April 14, 2015—have been commonly...more

Can Anyone Stop Them? NLRB’s New “Quickie” Union Election Rules Set To Take Effect April 14

On December 12, 2014 the NLRB adopted new union election rules, claiming that they will “modernize and streamline the process for resolving representation disputes.” These rules will become effective April 14th of this year....more

The Construction Advantage – Issue 15

2015 NLRB Developments - The National Labor Relations Board is now fully and legally appointed, after the U.S. Supreme Court invalidated recess appointments made in 2013. The new NLRB continues to expand its agenda,...more

Congress Rallies Against New Union Election Rules

The currently Republican-controlled U.S. Congress has made it clear that pushing back on the National Labor Relations Board’s (NLRB) recent efforts, which appear motivated by a mandate to tip the scales in favor of employees...more

Employers Must Act Fast Under Looming NLRB Quickie Election Rule

Employers will soon need to act quickly if they want to educate employees who are thinking of unionization. That’s because the National Labor Relations Board’s (“NLRB”) December 2014 issuance of the “Representation Case...more

U.S. Senate blocks NLRB’s ‘ambush election’ rule; resolution now goes to House

The new “ambush election” rules from the National Labor Relations Board (NLRB), which are scheduled to take effect April 14, were the subject of a disapproving resolution from the U.S. Senate this week. The Senate voted 53-46...more

Senate Votes to Block the NLRB’s “Ambush Elections” Final Rule

On March 4, 2015, by a vote of 53-46 the Senate passed joint resolution S.J. Res. 8 to halt the implementation of the NLRB’s Final Rule, adopted December 2014, regarding representation elections. Colloquially called the...more

NLRB Revised Election Rules Set to Take Effect in April

The revisions to the National Labor Relations Board’s (NLRB) union election rules that will make it much easier for unions to organize employees are set to take effect on April 14, 2015. These revisions include, but are not...more

A View From the Foxhole: The Practical Side of the NLRB’s New Election Rules

Having recently completed my latest National Labor Relations Board (“NLRB”) post-election representation hearing, I found myself contemplating the impact of the NLRB’s new election rules (which some have dubbed the “Quickie...more

What’s Ahead in 2015 for Retailers in Labor and Employment Law? Part I

The recent Ogletree Deakins webinar, “What’s Ahead in 2015 for Retailers in Labor and Employment Law,” featured leaders in the retail industry and labor and employment attorneys—Randel K. Johnson, senior vice president of the...more

What’s Ahead in 2015 for Retailers in Labor and Employment Law? Part II

The recent Ogletree Deakins webinar, “What’s Ahead in 2015 for Retailers in Labor and Employment Law,” featured leaders in the retail industry and labor and employment attorneys—Randel K. Johnson, senior vice president of the...more

Labor & Employment Law Alert: New NLRB Rulings and What They Mean for Your Business

This will bring you up to date on the new NLRB rule on union elections and the NLRB’s new email decision – both issued in December – and what they mean for your business....more

Union Avoidance in The Face of the NLRB’s New “Quickie Election” Rule

This past December, the National Labor Relations Board (NLRB) issued its Final Rule implementing an accelerated process for conducting union representation elections—the “Quickie Election” Rule. The new regulations are to go...more

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

New Year, New Rules, New Union-Avoidance Strategies

The National Labor Relations Board topped off 2014 with several jabs to employers, including its recent decision in Purple Communications, where the Board held that employees have a presumptive right to use email for...more

NLRB Election Rule Under Fire

On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management...more

Year in Review: NLRB Edition

With the new year upon us, we have rounded up some of the most important NLRB decisions of 2014. By all accounts, the NLRB was as active as ever in 2014. Its decisions and rulemaking will preoccupy HR and LR professionals in...more

Ten New Year’s Resolutions Retail Employers Should Consider Making in 2015

Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what...more

Labor & Employment E-Note - January 2015

In This Issue: - Purple Communications Inc. Update - NLRB Issues Key Changes To Election Rules *Effective April 14, 2015* - Making Headlines - Excerpt from NLRB Issues Key Changes To Election...more

Employers: Be Ready for a Union Ambush

On December 15, 2014, the National Labor Relations Board (NLRB) issued a final rule regarding representation case procedures to become effective on April 14, 2015. In doing so, the NLRB sought to update its rules to better...more

Ambush Elections and Access to Email - A Bad Combination for Employers

Late last week, the National Labor Relations Board (NLRB) made a combination of moves that present significant challenges for employers. First, the Board issued its decision in Purple Communications, Inc., allowing employees...more

U.S. Chamber and Business Groups File Suit to Block New NLRB Election Rule

This week, the U.S. Chamber of Commerce and several business trade groups announced that they jointly filed a complaint in federal court against the National Labor Relations Board (NLRB), seeking to strike the Board’s new...more

NLRB Allows Employees to Use Employer Email Systems for Organizing Purposes, and Issues New Speedy Union Election Rule

The National Labor Relations Board (NLRB) has implemented dramatic changes that will greatly limit the ability of employers to respond to union organizing efforts. Last month, the NLRB held in Purple Communications, Inc. and...more

NLRB Issues Final Rule on ‘Quickie Elections’

On December 15, 2014, the National Labor Relations Board (NLRB) published its much-anticipated final rule (Rule) on “quickie elections.” The Rule, which amends union representation and election procedures, is scheduled to...more

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