News & Analysis as of

Collective Bargaining Regulatory Agenda

Bodman

Unions Are Seeking to Organize in Non-Traditional Industries, Including Financial Services

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Union organizing efforts are not limited to historical union strongholds such as manufacturing, construction, and the public sector. Even though unions currently represent only about 1.3% of the financial services industry,...more

CDF Labor Law LLP

NCAA Proposes Classifying Certain NCAA Student Athletes as Employees

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The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more

Tucker Arensberg, P.C.

Commonwealth Court Decision Constrains Agencies’ Ability to Amend Agendas

Tucker Arensberg, P.C. on

In Coleman v. Parkland Sch. Dist., 2023 Pa. Commw. LEXIS 187, at *10 (Commw. Ct. Nov. 8, 2023), a divided Commonwealth Court concluded that the recently enacted Section 712.1 of the Sunshine Act does not permit local...more

Jackson Lewis P.C.

Labor Board Issues New Election Rules and Makes It Easier for Workers to Unionize Without a Vote

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The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures...more

CDF Labor Law LLP

Proposed California Constitutional Amendment For The Right To Organize And Negotiate With Employers

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Last week, Senate Constitutional Amendment 7 (“SCA 7”) passed the California Senate Labor Committee. This provision, if placed before the voters and passed, would add Section 1.5 to Article XIV of the California Constitution....more

Perkins Coie

Labor Law Today—2022 Year in Review

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2022 Proposed Rules and Legislation - Joint Employer Status: Proposed Rulemaking - On September 6, 2022, the Board released a Notice of Proposed Rulemaking to establish a new “joint employer” legal standard under the...more

Littler

Potential Rescission of NLRB’s 2020 Election Protection Rule

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On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

Frantz Ward LLP

NLRB Proposes to Roll Back Its 2020 Rule Regarding Removal of a Union

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In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of...more

Proskauer - Labor Relations Update

General Counsel Abruzzo Looks to Overturn Board Precedent Again: This Time, Seeking to Broaden Union Access to Public Spaces

In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more

Stinson LLP

Are Captive-Audience Meetings and Secret-Ballot Elections About to Vanish?

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Uncertainty looms as NLRB General Counsel seeks to upend a combined 127 years of settled labor law to help unions organize workplaces Labor law has long been somewhat prone to uncertainty and inconsistency. - Each new...more

Bodman

NLRB General Counsel Seeks to Facilitate Organizing

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The National Labor Relations Board’s current General Counsel, Jennifer Abbruzzo, is currently taking aggressive positions designed to help unions be more successful in organizing. The General Counsel is the agency’s top...more

FordHarrison

NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count

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Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part One-Expansion...

Following its initial action, (Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak), the General Assembly’s Labor and Public Employees Committee likely finished...more

FordHarrison

NLRB's Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

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Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union...more

Littler

NLRB General Counsel Aggressively Seeks to Expand Unions’ Right to Demand Recognition; Restrict Employer Speech

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National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more

Stevens & Lee

NLRB May Outlaw Captive Audience and Other Mandatory Meetings

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On April 7, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo circulated a memorandum to all Field offices, expressing her intention to ask the Board to deem “captive audience meetings,” where...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak (UPDATED)

At its March 10, 2022 meeting, the General Assembly’s Labor and Public Employees Committee began the process of approving bills.  The following is a brief summary of the bills that the Committee voted favorably on and...more

Akerman LLP - HR Defense

The Biden Administration Takes Aim at Increasing Worker Empowerment

When President Biden took office in 2021, he vowed to be the “most pro-union president” this country has ever seen. Although President Biden was unable to deliver some key worker legislation during his first year in office,...more

Proskauer - Labor Relations Update

BREAKING: Senate Committee Proposes Bill to Add Civil Penalties to NLRA

As we have discussed previously, Congressional Democrats have been attempting to amend the National Labor Relations Act (“NLRA”) for the last few years. ...more

CDF Labor Law LLP

NLRB’s Pro-Union Shift and Ripple Effect On Your Workplace Policies

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On February 17, 2021, President Biden nominated Jennifer Abruzzo as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”).  On July 21, 2021, the U.S Senate confirmed the nomination.  As the board...more

Littler

The NLRB’s New General Counsel Issues First Guidance Memorandum Foreshadowing Reversal of Key Board Decisions

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There’s a new sheriff in town at the National Labor Relations Board, and she is charting a new course for the Board.  On August 12, the NLRB's new general counsel (GC), Jennifer Abruzzo, issued Memorandum 21-04, instructing...more

Akerman LLP - HR Defense

New NLRB GC Memo Reveals Agency Strategy

All unionized and nonunionized private sector employers should prepare now for the anticipated legal changes contemplated in the National Labor Relations Board’s latest general counsel memorandum, GC 21-04. The Memorandum,...more

CDF Labor Law LLP

NLRB’s Pro-Labor General Counsel Issues Memo Compelling Cases for Centralized Consideration

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National Labor Relations Board General Counsel Jennifer A. Abruzzo’s appointment and subsequent July confirmation marked a shift to a pro-labor perspective.  On August 12, 2021, Abruzzo issued her first GC Memorandum as...more

CDF Labor Law LLP

Not All Fun and Games? College Athletes May Soon Drive a Hard Bargain With Union Support

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On May 27, 2021, Sens. Bernie Sanders (I-Vt.) and Chris Murphy (D-Conn.) introduced the College Athlete Right to Organize Act seeking to provide collective bargaining rights for college athletes. ...more

Robinson & Cole LLP

The College Athlete Right to Organize Act – Labor Unions Enter the Pay-for-Play Debate

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The debate about compensating college athletes has presented itself in many forms recently, including a recent argument before the United States Supreme Court. As that notion gains momentum, U.S. legislators have stepped in...more

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