Daniel Dorson on Unions

Busy Before the New Year: Three Recent NLRB Decisions That Will Impact Employers

Last week, the National Labor Relations Board (NLRB) continued its efforts to effectuate a strong national labor policy focused on advancing the organizational rights of workers and encouraging collective bargaining. Three...more

12/20/2022 / Employer Liability Issues , NLRB , Unfair Labor Practices , Unions

What All Employers Can Learn From Most Recent Railway Dispute

On September 15, 2022, railroad companies and unions representing railway workers reached a tentative agreement to potentially prevent a strike that would have caused significant harm to the American supply chain and economy....more

9/26/2022 / Corporate Counsel , Railroads , Railway Labor Act , Railways , Strike , Unions

NLRB General Counsel Seeks to Increase Remedies in Refusal to Bargain Cases

On June 28, 2022, Jennifer Abruzzo, the General Counsel for the National Labor Relations Board (NLRB or the Board), announced via Twitter that she petitioned the Board to adopt a compensatory make-whole remedy in refusal to...more

7/5/2022 / Collective Bargaining , Employer Liability Issues , NLRA , NLRB , NLRB General Counsel , Unions

DOL Mulls Return to Obama-Era “Persuader” Reporting Rule

In late April 2021, the Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) signaled its intent to revisit the “Persuader Rule” — an Obama-era regulation that imposes strict reporting requirements on...more

5/4/2021 / Collective Bargaining , Corporate Counsel , Department of Labor (DOL) , OLMS , Persuader Rules , Reporting Requirements , Unions

NLRB General Counsel Rescinds Trump-era Memos, Signaling Shift Toward New Policy Objectives

Signaling the beginning of what likely will be a major policy shift, Peter Ohr, acting General Counsel of the National Labor Relations Board (NLRB), on February 1, 2021 revoked 10 administrative guidance memoranda issued by...more

2/9/2021 / Biden Administration , Collective Bargaining , Employer Liability Issues , NLRB , NLRB General Counsel , Unions

Potential Changes to Labor Policy Under a Biden Administration

Employers should anticipate major changes to national labor policy when President-elect Joe Biden assumes the Oval Office. Changes will likely seek to increase union membership by facilitating organizing, shortening election...more

11/11/2020 / ABC Test , Biden Administration , Collective Bargaining , Corporate Counsel , Independent Contractors , NLRA , NLRB , Unions

D.C. Court Slows the NLRB’s Departure from “Quickie Election” Rules; NLRB Implements New Rules Unaffected by Order

On May 30, 2020, the U.S. District Court for the District of Columbia issued an eleventh-hour decision preventing the National Labor Relations Board (NLRB) from implementing new rules on union representation election...more

6/5/2020 / Administrative Procedure Act , NLRB , Quickie Election Rules , Union Representatives , Unions

Not Just ‘Clear and Unmistakable’: NLRB and Courts Embrace Contract Coverage Waiver Standard

Last fall, the National Labor Relations Board (NLRB) moved away from the strict “clear and unmistakable” standard when determining whether unions and their members waived certain rights. Since issuing its MV Transportation,...more

5/29/2020 / Arbitration , Collective Bargaining , NLRA , NLRB , Unions

No More “Quickie Elections”: NLRB’s New Election Procedures Delayed Until May 31

Beginning May 31, 2020, the time from petition to union election is slated to double, creating new opportunities for employers. As mentioned in our December 2019 article, the National Labor Relations Board (NLRB), via...more

4/1/2020 / Coronavirus/COVID-19 , NLRB , Quickie Election Rules , Union Elections , Unions

Daniel Dorson

Faegre Drinker Biddle & Reath LLP

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