Union Elections

News & Analysis as of

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

Ogletree Deakins’ Founding Shareholder Homer Deakins Presents Testimony to NLRB on Historic Election Rule Proposal

Over 50 speakers testified, some of them on multiple panels, during the National Labor Relations Board’s two-day public meeting on representation election (“R-Case”) procedures on April 10-11. The oral testimony was part of...more

Legislation Seeks To Counter Controversial 'Ambush Election' Rule

Last week, House and Senate Republicans announced the introduction of legislation intended to counter the National Labor Relations Board’s (NLRB) controversial “ambush election rule.” ...more

Watch Out Employers: Changing Benefits During a Union Election Carries Risks

In Woodcrest Health Care Center and 119 SEIU, United Healthcare Workers Eastt, the NLRB ruled that an employer violated federal labor laws by improving health care benefits for some employees while declining to extend such...more

Proposed NLRB Union Election Rules Significantly Reduce Employers’ Response Time to Union Organizing

Recently, a majority of the National Labor Relations Board (NLRB or Board), now at full strength with five members, announced its new proposal for restructuring the existing union election process. The proposed rules’ stated...more

Revitalized National Labor Relations Board Sets An Aggressive Course

The National Labor Relations Board is now operating at full strength with five Board members who were properly nominated and confirmed. As a result, employers should expect increased activity as the Board seeks to make up for...more

The Full Quorum Strikes Back - NLRB's Ambush Election Rules Revived

Executive Summary: With a full quorum of Board members and a 3-to-2 political majority in the Democrats' favor, the National Labor Relations Board (NLRB) has resurrected proposed rule changes that would drastically affect...more

“Ambush Election Rules” or Big Win for Labor Unions? Either Way, Changes May Be in Store for the Union Organizing Process

With a Notice of Proposed Rulemaking (“NPRM”) issued earlier this month, the National Labor Relations Board’s controversial proposed regulations on union elections are once again making headlines. A near reincarnation of a...more

The National Labor Relations Board and Higher Education: More change on the Horizon?

After what seemed like a small lull in NLRB activity impacting Higher Education, the National Labor Relations Board has once again signaled potentially significant alterations to the legal landscape....more

Faster Elections, Fairer Results, So They Say – But Employers Know Better

As the next step in a series of moves that will likely confer substantial advantages to unions in organizing campaigns, the National Labor Relations Board has resurrected proposed changes to its election rules. While the...more

Labor & Employment E-Note - February 14, 2014

In This Issue: - High Court Rules Steel Workers Need Not be Paid for Changing Clothes - NLRB Proposes Rules to Streamline Unionization Voting Process - Obama Administration Delays Another Health Insurance...more

NLRB Re-Issues Controversial "Quickie" Union Election Rule

On February 5, 2014, the National Labor Relations Board ("NLRB") re-issued its controversial “quickie” election rule. As you may recall, that rule, which was opposed by employer groups, the U.S. Chamber of Commerce and...more

Here We Go Again: The NLRB Resurrects “Quickie Election” Rule

On February 4, 2014, the National Labor Relations Board (“NLRB”) announced that it was issuing proposed amendments to the rules governing union representation elections. The proposed amendments are identical to the changes...more

It’s Back... Are “Quickie” Elections On The Horizon Again?

On February 5, 2013, the National Labor Relations Board (NLRB) announced that it was again issuing amendments to its rules and regulations for the conduct of representation elections. The new rules are virtually the same as...more

The NLRB Reissues “Ambush” Election Rules

On February 5, 2014, the National Labor Relations Board (“NLRB”), acting this time with a full quorum, reissued its highly controversial 2011 changes to representation election rules. The proposed changes are the same as...more

NLRB Issues New Proposed “Quickie” Election Rules

After an unsuccessful effort to implement new election rules in 2011, the NLRB has issued proposed election rules that would substantially speed up the existing union election process....more

NLRB Reissues ‘Ambush Election’ Rules

The National Labor Relations Board (NLRB) has issued proposed rules and regulations which, if adopted, will dramatically change the process for representation case petitions and pre-election procedures. Referred to by critics...more

Is an “Ambush” The Best Way for Unions to Win Representation Elections?

The U.S. Department of Labor’s Bureau of Labor Statistics recently published the latest official statistics on union membership for 2013. The figures demonstrate just how far unions must grow in order to reverse the...more

NLRB Takes Another Run at “Quickie” Election Procedures

The National Labor Relations Board announced Wednesday that it is again proposing changes to its election procedures, ostensibly to “improve the process for all parties, in all cases, whether non-union employees are seeking a...more

They're BACK! NLRB Reissues Ambush Election Amendments to Union Election Procedures

THE CHANGE: Earlier this morning, the NLRB revived its proposed amendments to the representation election procedures that would dramatically cut down the time between a union representation petition and the actual union vote...more

NLRB Reissues “Quickie Election” Rule; Makes No Substantive Changes From Original 2011 Proposal

Today, the National Labor Relations Board announced that it was reissuing its “quickie election” rule in a new Notice of Proposed Rule Making. The Board previously issued this proposed rule back in June 2011, and a final,...more

It's Back – NLRB's Revives Quickie Election Rule That May Soon Be Here to Stay

The National Labor Relations Board has just announced that the agency would be reissuing its proposed “quickie election” amendments to rules governing representation case procedures. The news came in the form of a press...more

The NLRB Takes Another Stab At Quickie Elections

In 2011, the National Labor Relations Board issued a rule which would have allowed for so-called “quickie” union elections. Under current rules, the time between the filing of a petition for a union election and the election...more

NLRB Still Contemplating “Quickie” Union Election Rules

On November 26, 2013, the National Labor Relations Board (NLRB) issued its semiannual regulatory agenda, which, tellingly, focused on one issue—the Board’s proposed changes to the rules that will speed up union representation...more

Labor Law - The Basics 2013

TABLE OF CONTENTS: I. The NLRA and the NLRB II. NLRB Regional Offices III. Unions and Elections IV. Appropriate Units – Community of Interest A. Statutory Exclusion 1. Agricultural Employees 2....more

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