Union Elections

News & Analysis as of

¿Cómo Se Dice: “Lost in Translation”?

Labor law is filled with many technical rules, the meaning of which can sometimes can be lost in translation. The recent NLRB decision in Labriola Baking Co., 361 N.L.R.B. No. 41 (2014), is a case in point....more

The New Union-Organizing Tool - Embarrassment

Unions and other third parties have never before so heavily used public embarrassment as a means of organizing employees. The key to union organizing is to find a disgruntled employee who will serve as a leader and capitalize...more

NLRB Decisions on “Micro Units” Provide Guidance for Employers Concerned With Union Organizing

In two recent decisions, the National Labor Relations Board (NLRB) reached different conclusions on whether unions can organize small groups of employees in a workplace. While the NLRB’s decisions in Macy’s, Inc. and The...more

"Micro-Units": NLRB Eases The Way For Union Organizing

Even the most casual of observers would have to be wearing blinders not to notice the extraordinary efforts made by the Obama Administration to make it easier for labor unions to organize the non-union workforce. ...more

GPM Labor & Higher Ed Teams Assist St. Thomas in Landmark Union Election Result

Adjunct faculty members at the University of St. Thomas Monday voted overwhelmingly against union representation by the Service Employees International Union (SEIU) Local 284. ...more

Employers Involved in Union Campaigns Must Remain Vigilant to Avoid Rerun Elections

Employer conduct during a union organizing drive is intensely scrutinized by the National Labor Relations Board (NLRB). Decisions issued by the current NLRB make clear that even minor violations occurring during the...more

The Changing Faces of Unions, Part II

As if to accentuate the timeliness of last week’s post on the surge in non-traditional union organizing, adjunct faculty organizing in the Twin Cities has been in the news again this past week. The Service Employees...more

Quickie Elections and You: What Employers Need to Know about NLRB’s Proposed Rule Changes

In 2011, the National Labor Relations Board (“NLRB” or the “Board”) issued proposed changes to its election rules for the purposes of speeding up the election process. These so-called “quickie” election rules were adopted by...more

The Employment Law Authority - March/April 2014

In This Issue: - Depressed Worker Does Not Qualify For Leave: Court Finds FMLA Requires A Period Of Incapacity - Homer Deakins Testifies Before NLRB: Discusses Controversial Changes To Representation Election...more

Why Did the UAW Withdraw its Objections to the Volkswagen Election?

The UAW surprised many observers on April 21, 2014 by withdrawing its objections to the February 12-14, 2014 election at Volkswagen's Chattanooga, Tennessee plant. After employees voted by a 53% margin to reject...more

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’S “Quickie” Election Rule Makes Quick Return

You may recall the NLRB’s “quickie” election rule that was in effect in May 2012, and struck down on procedural grounds on May 14, 2012 in Chamber of Commerce of the U.S. v. NLRB, 879 F.Supp.2d 18 (D.C. Cir. 2012). Now that...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

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