News & Analysis as of September 19, 2024

Decertification

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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 -

NLRB Issues “Fair Choice-Employee Voice” Final Rule

Proskauer - Labor Relations Update on 8/6/2024

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

What’s the NLRB Up To Now?

Foley & Lardner LLP on 11/22/2022

One of the cornerstones of the current administration’s platform has been to “encourage and incentivize union organizing and collective bargaining” and to do so by “appoint[ing] members to the National Labor Relations Board...more

Top Five Labor Law Developments for May 2022

Jackson Lewis P.C. on 6/16/2022

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

NLRB Keeps Contract Bar Rule—For Now

Sherman & Howard L.L.C. on 4/26/2021

Over the past year, the viability of the “Contract Bar” rule has been far from certain. After considering whether to (1) rescind the doctrine, (2) retain it in its current form, or (3) modify it, the National Labor Relations...more

NLRB Continues to Aid Workers in Ousting Unions

Proskauer - Labor Relations Update on 10/28/2019

The NLRB recently reiterated its position that the agency should not be so quick to dismiss petitions filed by employees seeking to decertify a union. The Board, in a 3-1 decision, held that if a petition for decertification...more

Proposed NLRB Rule-Making Aimed at Unions and Decertification Elections

Benesch on 8/14/2019

The National Labor Relations Board (“NLRB”) announced last week that it was proposing a series of rule changes. The first and most important focuses on updating its “blocking charge” policy, as well as revising the rules...more

NLRB Majority: Unqualified Notice to Picket Jobsite Where Neutrals Are Present Violates Act

Proskauer - Labor Relations Update on 1/14/2019

We recently saw interesting decisions from the NLRB including cases about the employer’s duty to provide information about tax cuts, the lawfulness of litigation holds, and the validity of decertification petitions. At the...more

Decertification Petition Was Improperly Dismissed, NLRB Rules

Proskauer - Labor Relations Update on 1/7/2019

Recently, we explored how the NLRB’s rules for determining the timeliness of a representation can be confusing. Another area of complexity comes from whether a decertification petition will be processed in the face of unfair...more

NLRB Majority Decides 50-50 Balls In Employer Favor

Proskauer - Labor Relations Update on 10/16/2018

The NLRB has been in a period of dormancy. When the make-up of the Board changed, a lot of people expected an onslaught of NLRB decisions reversing the reversals of precedent made by the agency in the last 8 years. Except...more

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National Labor Relations Board › Collective Bargaining › Decertification

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