Union Elections

News & Analysis as of

Time Flies When You’re Having Fun: NLRB Further Reduces Time Employers Have to Educate Employees During Union Campaigns

On January 29, 2016, the National Labor Relations Board (NLRB) issued a decision in Guardsmark, LLC, 363 NLRB No. 103 (Jan. 29, 2016) moving the deadline for employers to hold captive audience meetings in mail ballot...more

One More Win for the Union: 24 Hours Less to Campaign in Mail-Ballot Elections

On January 29, 2016, the NLRB in Guardsmark, LLC, 363 NLRB No. 103 (decision), changed over 50 years of precedent under the guise of “clarifying” a well-established rule concerning when the captive-audience speech prohibition...more

Captivating! NLRB Reverses 57-Year-Old Decision, Expands "Captive Audience" Rule in Mail Ballot Elections

In conjunction with other recent changes to its rulings regarding organizing and elections, the National Labor Relations Board recently ruled to expand the period of time during which "captive audience" meetings are banned in...more

Fourth Circuit Backs NLRB on Supervisor Status

The Fourth Circuit recently upheld a finding of the National Labor Relations Board (NLRB) that four employees were not supervisors, even though each employee oversaw the daily work of between 22 and 40 workers. The Fourth...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

Employers Must Use Reasonable Diligence When Searching for Voter Personal Contact Information for Union Elections

Under the new union election rules which became effective on April 14, 2015, an employer must file with the National Labor Relations Board (“Board”) and provide to the petitioning union, a list of all voters (including those...more

Breaking News: UAW Wins VW Manufacturing Plant Vote in Tennessee

On Friday, the United Auto Workers claimed victory in its long-running efforts to organize the VW plant in Chattanooga, Tennessee.  Reportedly capturing 71 percent of the vote (108 in favor to 44 against), the election...more

UAW Gets Vote On “Micro-Unit” At VW-Chattanooga

The National Labor Relations Board granted yesterday the United Auto Workers’ petition for a union election at the Volkswagen facility in Chattanooga, Tennessee. The election will be in a “micro-unit” of skilled tradesmen at...more

[Event] EEOC & NLRB Updates: Important Issues Every Employer Should Know for 2016 - Nov. 17th, Philadelphia, PA

The Labor Relations & Employment Law Department at Obermayer Rebmann Maxwell & Hippel LLP will be hosting an interactive panel discussion covering key issues and trending topics that will impact employers’ practices and...more

Executive Labor Summary - September / October 2015

Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...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

NLRB Issues Union Friendly Decision Regarding Applicability of Quickie Rules: When 94% Just Ain’t Enough

With that the NLRB’s quickie election rules going into effect in April 2015, we are just now starting to see the Board decide cases applying the new rules. In Danbury Hospital, Case 01-RC-153086, the Regional Director...more

How Not to Fire a Union Organizer

The best reminders often come from the most obvious situations. In a case decided by the Eleventh Circuit Court of Appeals on October 13, the employer laid down a clear path to remind employers what not to do. Allied...more

NLRB Regional Director Finds that Employer Failed to Substantially Comply with New Requirement to Provide “Available” Personal...

After the NLRB’s expedited election rules went into effect last April, the extent to which an employer faced with a union representation petition must search for and provide voters’ personal email addresses and cell phone...more

Boarding passes ready – when employees may unexpectedly move around within a corporate group

The European Court of Justice ("ECJ") has ruled that, in certain circumstances, when a subsidiary company is wound up, its employees will transfer automatically to its holding company. What happened? In 1993, Air...more

A Quick Update on Speedy Election Rules (Hint: The Predictions Have Come True — Somewhat)

The National Labor Relation Board’s new election procedures became effective April 14, 2015. You may recall that the new rules were largely designed to shorten significantly the time between a union’s filing of a petition for...more

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

More than many other industries, the American health care system has a highly fragmented set of interlocking business relationships. Services are provided in an integrated network by a host of service providers who operate...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

Click to Agree? NLRB Will Accept Electronic Signatures in Union Organizing Efforts

When was the last time you scrolled through an online statement of Terms and Conditions, just wanting to get to the bottom so that you can click “Agree” and move on with your day? By doing so, you legally committed to...more

The National Labor Relations Board says “Happy Labor Day” with Flurry of Late Summer Pro-Union Moves

While some people may have been on vacation at the end of August, the past few weeks have been extremely busy at the National Labor Relations Board (“NLRB” or “Board”), with a series of decisions that will continue to make it...more

Eight Years Later: Three Big Changes in Employment Law

2007 seems like yesterday. And yet, eight years after I started this blog and over 1800 posts later (and a Hall of Fame entry), I’m pretty sure 2007 WASN’T yesterday. So for this year’s anniversary post, I thought I...more

Electronic Signatures OK for Organizing Efforts, NLRB Says

In a memorandum issued this week, the general counsel of the National Labor Relations Board (NLRB) announced that it will accept electronic signatures to support a showing of interest related to a union organizing campaign...more

NLRB's General Counsel Skips Regulatory Process to Allow Unions to Use Electronic Signatures on Election Petitions

On September 1, 2015, the National Labor Relations Board's General Counsel issued a guidance memorandum on electronic signatures to support a showing of interest related to a union petition. The General Counsel announced...more

National Labor Relations Board Releases Unanimous Decision in Favor of Northwestern University and the NCAA

On August 17, 2015, the National Labor Relations Board (NLRB) declined to assert jurisdiction in Northwestern University and College Athletes Players Association (CAPA), the union-organizing case involving grant-in-aid...more

Missouri School Boards, Cities, and Counties: Consider Enacting Ordinance Providing for Secret Ballot Union Elections for Certain...

Article I, Section 29 of the Missouri Constitution gives employees “the right to organize and to bargain collectively through representatives of their own choosing.” For most public sector employees, Chapter 105 of the...more

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