Union Elections

News & Analysis as of

Notice and Opportunity to Bargain: What Newly Organized Employers Must Do Before Imposing Discipline

Notwithstanding Member Miscamarra’s detailed dissent showing the majority’s flawed reasoning and departure from long-standing precedent, the National Labor Relations Board (NLRB) recently imposed new bargaining obligations on...more

Trump Hotel False Advertising Suit Against Culinary Workers Union Gets Chopped

Section 43(a) of the Lanham Act is generally considered a broad-based vehicle for asserting false advertising claims. For the owner and operator of the Trump Hotel Las Vegas, however, the statutory section was not broad...more

NLRB Finds Temp Agency Joint Employer with User of Labor Services

In recent years, the National Labor Relations Board (NLRB) has begun finding separate companies jointly liable for compliance with federal labor laws under a joint or co-employment theory. Most notably, the Board has...more

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

NLRB Allows Temporary Employees to Form Part of Bargaining Unit for Union Elections

In its 2004 Oakwood Care decision, the National Labor Relations Board concluded that a union seeking to organize a unit of workers that includes both permanent and temporary employees obtained from a third-party agency, must...more

Board Decision Ushers In New Era of The Unionized Temp

In an NLRB decision this week in the case of Miller & Anderson, Inc. and Tradesmen International and Sheet Metal Workers International Association, Local Union No. 19, AFL–CIO, the NLRB has made it easier for Unions to...more

NLRB: Unions may organize permanent and temporary workers without employers' consent

In a decision that will affect staffing companies and the employers that use them, the National Labor Relations Board (“NLRB”) has smoothed the path for unions that seek to organize and represent permanent and temporary...more

Overruling Precedent, NLRB Holds Bargaining Units of Jointly and Solely Employed Employees May Elect Union Representative Absent...

In a departure from more than a decade-long precedent, the National Labor Relations Board has held that Board-conducted representation elections in bargaining units combining employees who are (a) jointly employed by a user...more

NLRB General Counsel Seeks to Prohibit Employers from Unilateral Withdrawal of Union Recognition

The National Labor Relations Board’s General Counsel recently released Memorandum GC 16-03 (May 9, 2016), proposing to make it more difficult for an employer to withdraw recognition of an incumbent union. This memorandum...more

Court Halts Labor Department’s New Persuader Rule

The U.S. District Court for the Northern District of Texas, Lubbock Division, has issued a nationwide preliminary injunction against the U.S. Department of Labor’s “persuader” rule promulgated under the Labor-Management...more

Five Key Issues Facing Employers in the Hospitality Industry

Hospitality employers, like employers in many other service-related industries, are challenged by having to persistently focus on staying competitive and increasing profits in oversaturated markets. However, focusing on these...more

Employers Received Mixed Message In First Of Three Persuader Rulings

July 1 Deadline Continues To Loom - A federal court in Minnesota today sent employers a mixed message about the validity of the controversial new “persuader rule” – the impending regulation that would force attorneys and...more

NLRB General Counsel Orders Complaints in All Withdrawal-of-Recognition Cases

In yet another assault on long-established labor law precedent, on May 9, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin ordered the issuance of NLRB complaints in every case in which an employer...more

Employment Law This Week: Record Whistleblower Award, Union Election Rules, Wellness Program Rewards, Mixed-Guard Units [Video]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...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

Union Supporters’ Threatening “Jokes” During Campaign No Laughing Matter, D.C. Circuit Finds

Seyfarth synopsis: The U.S. Court of Appeals for the D.C. Circuit held that the National Labor Relations Board abused its discretion by ignoring its own precedent and downplaying threats made by pro-union employees during an...more

The Top Five Reasons You Can’t Blame Employees For Joining A Union

Why do employees join a union? Following the recent implementation of the National Labor Relations Board’s “quickie election” rules, many businesses pointed their fingers at the Labor Board, politicians, and unions. After...more

NLRB’s General Counsel Makes Dramatic Move to Protect Unions from Being Ousted, Even by Employees

By Memorandum GC 16-03, issued on May 9, 2016, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Richard Griffin, instructed the NLRB’s Regional Directors to issue a complaint in any unfair labor...more

D.C. Circuit Rejects NLRB's Award of Attorneys' Fees and Expenses in Unfair Labor Practice Cases

The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on...more

Threats, And Rumors Of Threats, Enough To Overturn Union Election, Court Says

Your kid plays a joke on you, and you respond, “I’m gonna kill you” while laughing at the joke. Idle threat, or serious? A co-worker tells you she will slash your tires if you vote against the union. Idle threat, or...more

Labor Board Will Decide Organizing Rights of Non-Teaching Employees at Religious Colleges, Universities

The National Labor Relations Board is set to decide if the same test used to determine whether teaching employees of a religious school are subject to the Board’s jurisdiction should be extended to non-teaching employees....more

NLRB General Counsel Seeks to Limit an Employer's Ability to Withdraw Union Recognition

National Labor Relations Board (NLRB) General Counsel Richard Griffin wants the Board to declare it unlawful for employers to withdraw recognition from an incumbent union without an NLRB election.  See GC Memorandums GC 16-01...more

Unwanted Unions: May Be Harder To Shake than Your Ex

Seyfarth Synopsis: The NLRB’s General Counsel seeks to impede an employer’s ability to extract a union that lacks the support of a majority of bargaining unit members by requiring in all cases a decertification election prior...more

Save Your Soliciting for Snack Time

The United States Court of Appeals for the Eighth Circuit (the “court”) (ConAgra Foods, Inc. v. NLRB, 813 F.3d 1079 (8th Cir. 2016)) recently overturned a decision of the National Labor Relations Board (the “NLRB”) which had...more

Workplace Policy Institute Insider Report — May 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The May edition of the Insider Report discusses recent agency...more

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