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National Labor Relations Board › Bargaining Units › Collective Bargaining

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Parker Poe Adams & Bernstein LLP

NLRB Holds That College Basketball Players Are 'Employees'

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This week, the regional director for Region 1 of the National Labor Relations Board issued an opinion that could usher in a wave of unionization efforts among college athletes. Fifteen members of the Dartmouth men’s...more

Benesch

Concerns Over Cemex Bargaining Orders

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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

Frantz Ward LLP

Employers Beware: Verbal Demands to Supervisors Can Result in Recognition of a Union

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We previously reported in August on the National Labor Relations Board’s decision in Cemex Construction Materials Pacific, NLRB Case No. 28-CA-230115, 327 NLRB No. 130 (August 25, 2023), wherein the Board overruled...more

Venable LLP

NLRB Allows Unions to Represent Workers Without a Formal Vote

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On August 25, 2023, the National Labor Relations Board (NLRB or the Board) decided that employers must either recognize a new union or promptly file for an election when a union asks for recognition based on a majority of...more

Steptoe & Johnson PLLC

In Major New Decision, NLRB Authorizes Union Recognition Without Election

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On August 25, the National Labor Relations Board (the Board) issued a monumental decision in Cemex Construction Materials Pacific, LLC, enacting a new framework for unions to gain recognition without a formal representation...more

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

NLRB Adopts New Union-Friendly Recognition Standard

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

On August 25, 2023, the National Labor Relations Board (NLRB) adopted a new standard for union representation that requires an employer to recognize and bargain with a union that has demonstrated majority status unless the...more

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

NLRB Concludes Exigent Circumstances Delay, Do Not Eliminate, Decisional Bargaining

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

In a decision instructive to employers facing sudden, emergency conditions requiring immediate response, a divided National Labor Relations Board (NLRB) in Metro Man IV, LLC d/b/a Fountain Bleu Health and Rehabilitation...more

Franczek P.C.

Labor Updates: Recent NLRB Rulings on Scope of Union Bargaining Units, NCAA Athletes

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As we’ve previously reported, the National Labor Relations Board (NLRB, or the Board) under the Biden administration has been issuing decisions that are more union-friendly and less favorable to employers. Earlier this month,...more

Epstein Becker & Green

The “Community of Interest” Saga Continues – the Return of Micro-Bargaining Units

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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

Perkins Coie

NLRB Returns to Obama-Era Microunit Standard

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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

Holland & Knight LLP

NLRB Restores Obama-Era Decision Supporting Unions' Right to Engage in "Micro-Unit" Organizing

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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

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

NLRB Returns to Specialty Healthcare Bargaining-Unit Determination Standard

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

In a decision impacting employers that face a petition for election that seeks to represent part of the workforce, a divided National Labor Relations Board (NLRB) returned to its former Specialty Healthcare standard to apply...more

Miller Canfield

NLRB Issues Twin Rulings Expanding the Scope of 'Make-Whole' Remedies and Easing Union Organizing Burdens

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​​​​​​​On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...more

Miles & Stockbridge P.C.

NLRB Brings Back Micro-Units, Paving the Way for More Union Organizing

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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

Bond Schoeneck & King PLLC

NLRB Restores Obama-Era Bargaining Unit Test

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On Dec. 14, 2022, the National Labor Relations Board (NLRB or Board) issued a decision that (again) modifies its standard for bargaining-unit determination cases where a labor union seeks to represent a unit that contains...more

Benesch

NLRB Makes Union Organization Easier, Loosens Test for Approval of Collective Bargaining “Micro-Units”

Benesch on

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

Hinshaw & Culbertson - Employment Law...

General Counsel of NLRB Seeks to Revoke Right of Employers to Recognize a Union on a Voluntarily Basis and Insist on a Private...

Hinshaw & Culbertson - Employment Law... on

Voluntary recognition of a union as the exclusive bargaining representative for employees within an identified bargaining unit of the employer can have potentially game-changing consequences for an employer. However, if the...more

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

The Practical NLRB Advisor: Spring 2022

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

Another wild swing of the pendulum? Since the National Labor Relations Board (NLRB) was not created until after his passing, Ben Franklin can be forgiven for mistakenly observing that the only certain things in life are...more

Proskauer - Labor Relations Update

Here We Go Again: NLRB Foreshadows A Potential Return To Micro-Units

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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

Troutman Pepper

New NLRB Members Could Heighten Burden for Employers Seeking to Challenge “Micro-Units”

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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

Proskauer - Labor Relations Update

Recent Labor Victories for Adjunct Professors Signal Likely Uptick in Contingent Faculty Organizing

Proskauer - Labor Relations Update on

Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that adjunct, or contingent,...more

Proskauer - Labor Relations Update

No “Finite Fellows” in the Bargaining Unit – the Board Weighs in on Temporary Workers

Proskauer - Labor Relations Update on

When it comes to fellowship—and collective bargaining—it looks like “fellows” aren’t treated the same as their permanent status co-workers. In Phoenix News Times, LLC and The Newsguild–CWA, 370 NLRB No. 84 (Feb. 10, 2021),...more

Proskauer - Labor Relations Update

D.C. Circuit Remands Hotel Certification Decision and Reminds Board to Explain Its Reasoning

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On October 23, 2020, the D.C. Circuit granted Davidson Hotel Company’s petition for review of unfair labor practices resulting from its refusal to bargain with two newly-certified bargaining units, and denied the NLRB’s...more

Ward and Smith, P.A.

Labor Union Plants a Big Flag in Western North Carolina

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“Change is the only constant in life.” - Heraclitus (535 to 475 B.C.E.) - Registered nurses at HCA Healthcare's Mission Health system in Asheville have recently voted to be represented by the National Nurses Organizing...more

Epstein Becker & Green

NLRB Adds New Three-Part Test to Standard for Evaluating Appropriateness of Bargaining Units

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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

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