NLRA, Collective Bargaining, Labor Relations

Don’t Let Unions Sink Their Teeth into Your Property Rights

FordHarrison on 8/7/2024

July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to...more

NLRB and Union Relations Beyond 2024 – What Will the Election Bring?

CDF Labor Law LLP on 7/31/2024

As we have reported many times, the National Labor Relations Board (NLRB) is a powerful agency that regulates both the union and non-union workplace. However, the NLRB is also a largely political organization that...more

NLRB Rescinds 2020 “Election Protection Rule”

Littler on 7/31/2024

As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

CDF Labor Law LLP on 5/23/2024

On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless...

Seyfarth Shaw LLP on 5/22/2024

Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more

NLRB puts kibosh on American tradition of whiskey for votes

Constangy, Brooks, Smith & Prophete, LLP on 4/18/2024

According to U.S. News & World Report, in 1758 George Washington was elected to the Virginia House of Burgesses after he plied voters with beer, whiskey, rum punch, and wine. He did so after a landslide loss three years...more

Union Election Petitions in 2024: The Story So Far; Employer Petitions Skyrocket, but Don’t Detract from Union Petition Rates

Benesch on 3/4/2024

The Fallout from the NLRB’s Cemex Decision - As we previously addressed, the National Labor Relations Board’s (NLRB) August 25, 2023, decision in Cemex Construction Materials Pacific, LLC overturned long-established...more

The NLRB Changes the Rules: The CEMEX Decision

Maynard Nexsen on 12/6/2023

CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC - In August of this year, the National Labor Relations Board (“NLRB”) issued a seminal decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), in which the...more

Practical Impacts of the ‘Cemex’ Decision

BakerHostetler on 12/1/2023

The National Labor Relations Board’s (NLRB) landmark decision in the Cemex Construction Materials Pacific, LLC case, issued on August 25, signifies an attempt by its current leadership to turn around long-declining union...more

Concerns Over Cemex Bargaining Orders

Benesch on 11/27/2023

On August 25, 2023, the National Labor Relations Board (“NLRB”) decided Cemex Construction Materials Pacific, LLC, which lowered the threshold for the Board to issue a bargaining order rather than re-run an election when it...more

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

Littler on 11/14/2023

The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

Judge Issues First Post-Cemex Bargaining Order Despite Employer Winning Union Election

Sheppard Mullin Richter & Hampton LLP on 10/23/2023

As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on 9/26/2023

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

Jackson Lewis P.C. on 9/22/2023

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

Manufacturers Beware: New, Easier Union Representation Process

Robinson+Cole Manufacturing Law Blog on 9/18/2023

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election. The NLRB’s new standard (announced in Cemex Construction...more

Cemex Construction NLRB Decision

Akerman LLP - HR Defense on 9/18/2023

It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue...more

NLRB Returns to Expansive Concerted Activity Standard for Solo Employee Complaints

Vinson & Elkins LLP on 9/13/2023

It takes two to tango, but the National Labor Relations Board (“Board”) reaffirmed that it might only take one to engage in protected concerted activity. On August 25, 2023, the Board issued its decision in Miller Plastic...more

Cemex Decision Examined: How the NLRB Dramatically Changed the Unionization Process

Stevens & Lee on 9/13/2023

On August 25, 2023, the National Labor Relations Board (NLRB) issued a historic and paradigm shifting decision . In short, the NLRB dramatically changed the process of how a union can be formed in the workplace. Instead of...more

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

Littler on 9/12/2023

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/8/2023

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more

The Attack on Employer Free Speech Continues to Grow --- More States Enact Laws to Muzzle Employers on Educating their Employees...

Amundsen Davis LLC on 9/8/2023

Entering 2023, the union membership rate dropped to a new historic low of 10.1%. Among private sector workers, the numbers were even more bleak for unions: just 6% of the overall private sector workforce is now unionized...more

The National Labor Relations Act › Collective Bargaining › Labor Relations