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The National Labor Relations Act › Unfair Labor Practices › Union Elections

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Husch Blackwell LLP

The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II

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Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr back to the show for the second and final part of a conversation exploring how organized labor has approached the early days of Trump 2.0. In this episode, Tom and...more

Husch Blackwell LLP

The Labor Law Insider - How Unions Are Navigating Trump 2.0, Part I

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Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr to the show for a two-part episode to discuss how organized labor has approached the early days of Trump 2.0. Among other actions, the administration dismissed the...more

Husch Blackwell LLP

The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part I

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Husch Blackwell attorneys Mary-Ann Czak and Rufino Gaytán join Labor Law Insider host Tom Godar in a post-election analysis of anticipated policy changes in connection with the incoming Trump administration. The National...more

Parker Poe Adams & Bernstein LLP

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

Parker Poe Adams & Bernstein LLP on

During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more

Jackson Lewis P.C.

Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration

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Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more

BakerHostetler

The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

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The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more

Baker Donelson

Is It Really About Employee Voices? The National Labor Relations Board Continues its Union-Friendly Trend

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The National Labor Relations Board (the Board) is the federal agency tasked with administering the National Labor Relations Act (the NLRA). Chief among its responsibilities is governing the union recognition process in the...more

Proskauer - Labor Relations Update

NLRB Issues “Fair Choice-Employee Voice” Final Rule

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On July 26, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule (the “2024 Rule”), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the “2020 Rule”) that...more

Stevens & Lee

New Rule Gives NLRB Ability to Block Union Elections

Stevens & Lee on

On July 26, 2024, the National Labor Relations Board (NLRB) issued the finalized Fair Choice – Employee Voice Final Rule (New Rule). The most impactful change of the New Rule is the NLRB’s ability to block a union election...more

Littler

NLRB Rescinds 2020 “Election Protection Rule”

Littler on

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

Jackson Lewis P.C.

Labor Board Returns to Pre-Trump Board Union Election Procedures

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The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules

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On July 26, 2024, the National Labor Relations Board (NLRB) completed their unraveling of the commonsense representation case election rules previously implemented by the Board in 2020. ...more

Franczek P.C.

Supreme Court Ruling in Starbucks v. McKinney: Implications for Employees and Unions

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On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more

Proskauer - Labor Relations Update

Red Rock and a Hard Place: NLRB Issues First Post-Cemex Bargaining Order

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On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB...more

Constangy, Brooks, Smith & Prophete, LLP

By the Numbers – A Look at Union Activity in 2024 Thus Far

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2024 continues to be a busy year for the National Labor Relations Board, unions, and management. Nearly six months into the year, we have sufficient data to analyze the impact NLRB decisions such as Cemex Construction...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB puts kibosh on American tradition of whiskey for votes

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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

Benesch

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

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Union Petitions Spike in 2022 and 2023, Ogletree Deakins NLRB Data Tracking Shows

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while...more

Maynard Nexsen

Dartmouth Basketball Players Cleared for Unionization Vote

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Although it is not yet March, colleges and universities may nevertheless find themselves in the midst of a new kind of “madness” as they face the reality that certain collegiate athletes now constitute employees who can...more

Lathrop GPM

NLRB Clears Path for Union Representation Without an Employee Vote

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For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General...more

Benesch

NLRB Guidance on Accelerated Union Election Schedule Effective at the End of December

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On December 8, 2023, the National Labor Relations Board’s (“NLRB”) General Counsel published a Memorandum outlining the differences between the new union-friendly election rule that becomes effective on December 26, 2023 and...more

BakerHostetler

Practical Impacts of the ‘Cemex’ Decision

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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

Benesch

Concerns Over Cemex Bargaining Orders

Benesch on

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

Burr & Forman

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

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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

Jackson Lewis P.C.

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

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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

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