News & Analysis as of

Union Representatives Non-Union

Harris Beach PLLC

PERB Emergency/Proposed Rule Allows Expedited Review of Issues Related to Supreme Court’s Decision in Janus

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On August 15, 2018, the New York State Register published the Public Employment Relations Board’s (PERB) notice of emergency adoption and notice of proposed rulemaking. The emergency rule went into effect on July 27, 2018,...more

McGuireWoods LLP

NLRB Denies Petition to Use Its Rulemaking Power to Extend Weingarten Rights to Nonunion Employees

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On May 3, 2017, the National Labor Relations Board unanimously denied a petition filed by a former NLRB attorney asking the Board to grant nonunion employees the right to have a representative present during investigatory...more

McGuireWoods LLP

OSHA Rescinds Guidance Allowing Nonunion Employees to Select Union Representatives to Participate in OSHA Inspections

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On April 25, 2017, the Occupational Safety and Health Administration’s Deputy Assistant Secretary released a memo withdrawing a 2013 interpretation that allowed nonunion employees to designate a union representative to...more

Kilpatrick

OSHA Rescinds Policy Allowing Union Access to Nonunionized Facilities

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On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities. Under a...more

Faegre Drinker Biddle & Reath LLP

OSHA Walks Back Allowing Union Representatives on "Walkarounds"

Heralding a shift at the Occupational Safety and Health Administration (OSHA), the Department of Labor has confirmed that an Obama administration OSHA memorandum permitting union or community organization representatives to...more

Seyfarth Shaw LLP

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability...

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Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more

Constangy, Brooks, Smith & Prophete, LLP

Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union...more

BakerHostetler

Closing Shop: Courts Look to Rein in the NLRB

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Over the past several years, the National Labor Relations Board (“NLRB” or “Board”) has engaged in an aggressive campaign to extend its reach into non-union workplaces with the goal of facilitating unionization....more

Fisher Phillips

OSHA Opens Worksites to Allow Union Representatives to Participate in Walk-around Inspections of Non-Union Companies

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In a new letter of interpretation publically released on April 5, 2013 (originally dated February 5, 2013), the Occupational Safety and Health Administration (OSHA) announced for the first time that during an OSHA inspection...more

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