The Labor Law Insider: The Biden Administration - Expected Changes at the NLRB (Part III)
On January 19, 2023, the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) reported that the national union membership rate declined from 10.3 percent in 2021 to 10.1 percent in 2022. As described by BLS, the...more
The National Labor Relations Board has issued a decision that could be of significant aid to organized labor in reorganizing the construction industry. American Steel Construction Inc. and Iron Workers Local 25, 372 NLRB 23...more
“Should Employers have any hope for impartiality and good decisions from the National Labor Relations Board (“NLRB” or the “Board”) in 2023?” Posed to the old Magic 8 Ball, the answer is “Don’t count on it.”...more
On December 14, 2022, the National Labor Relations Board (“Board”) issued a decision in American Steel Construction, Inc., reinstating its “overwhelming community of interest” Specialty Healthcare test that gave rise to...more
On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more
The pendulum has swung once again. On Dec. 14, 2022, the National Labor Relations Board (NLRB or Board) issued a decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), modifying the framework applied in...more
The National Labor Relations Board issued a flurry of employee-friendly decisions last week, continuing its move away from the more employer-friendly rulings by the Trump Board and, in many cases, returning to or reaffirming,...more
In a busy (and divided) week for the National Labor Relations Board (“NLRB” or “the Board”), the Board issued a 3-2 decision in American Steel Construction, Inc., 372 NLRB No. 23 (Dec. 14, 2022), reverting the test for...more
Earlier this week, the National Labor Relations Board (“NLRB”) issued two important decisions that California employers should be aware of: NLRB Adds Consequential Damages to Its Weapons Cache - On December 13, the...more
The National Labor Relations Board on Wednesday revived an Obama-era standard that will make it easier for unions to organize employees and win elections. In a 3-2 decision in American Steel Construction Inc., the Board...more
After a year of consideration including amicus briefs on the matter, the National Labor Relations Board (Board) revived another Obama-era precedent in a decision issued December 14, 2022. In American Steel, 372 NLRB No. 23,...more
December never is a “slow” month in “labor law land.” Even though offices are winding down and some are closing for the holidays, the National Labor Relations Board (the “Board”) always enjoys dropping a few seismic...more
On Wednesday, the National Labor Relations Board issued a groundbreaking decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), reviving the concept of collective bargaining “micro-units.” Micro-units are...more
On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more
The ability to form smaller bargaining units by breaking up larger aspects of an employer’s organization—sometimes called “micro-units”—is generally seen as an effort to enhance the ability of unions to gain entry into an...more
Nearly a year after his inauguration, President Biden has completed the shift of the National Labor Relations Board (“NLRB”) to a pro-union majority. The reconstituted NLRB will devote significant time reviewing and changing...more
Q: Who are the newest members of the National Labor Relations Board (NLRB), and what does their arrival mean for the future of micro-units? ...more
In Part III of the Labor Law Insider podcast series focused on expected changes at the National Labor Relations Board, Husch Blackwell attorneys David Hertel and Laura Malugade discuss, with Tom Godar, two potential...more
The National Labor Relations Board (NLRB) dismissed a union’s push to organize a micro unit of 87 employees at a Nissan assembly plant in Tennessee based on the traditional community-of-interest standards for determining...more
This past month’s Amazon union election in Alabama received more national attention than any other union election since the Boeing election in South Carolina in February 2017. The press covered it very closely. Politicians...more
Hospitals and non-acute care settings beware: Micro-Units are about to make their way back into Healthcare Union organizing. Over the coming months, we can expect to see many significant changes to labor issues affecting...more
As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more
While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to...more
Seyfarth Synopsis: It should be clear to all that the NLRB has taken significant steps to restore the law to a footing that more closely resembles the landscape that existed prior to the Obama Board. ...more
One of the matters of significance to employers and unions under the National Labor Relations Act that became a point of contention under the National Labor Relations Board (“NLRB” or “Board”) during the Obama Administration...more