News & Analysis as of September 25, 2024

Micro-Unions

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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 -

“Outlook Not So Good” – An Employer’s Guide to the NLRB’s 2023 Agenda

Polsinelli on 12/28/2022

“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

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

Epstein Becker & Green on 12/23/2022

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

NLRB Returns to Obama-Era Microunit Standard

Perkins Coie on 12/22/2022

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

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

Holland & Knight LLP on 12/21/2022

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

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

Miles & Stockbridge P.C. on 12/16/2022

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

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

Benesch on 12/16/2022

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

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

Proskauer - Labor Relations Update on 12/10/2021

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

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

Troutman Pepper on 10/28/2021

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

Possible Ramifications of Amazon Union Vote

CDF Labor Law LLP on 4/14/2021

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

Back to Pro-Labor: What Employers Can Expect From a Biden Presidency: Part II, Labor Relations Edition

Akerman LLP - HR Defense on 11/11/2020

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

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

Epstein Becker & Green on 11/19/2019

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

What A Difference A Board Makes – Some Hits From the Current NLRB That Are Music To Employer’s Ears

Seyfarth Shaw LLP on 11/15/2019

Seyfarth Synopsis: The National Labor Relations Board has been making a lot of noise since the current administration took control. From reversing draconian restrictions on workplace civility rules to restoring employer...more

NLRB Tunes Up Appropriate Standard in Determining Bargaining Unit of Mechanics at Boeing

Holland & Knight LLP on 11/6/2019

The National Labor Relations Board (NLRB) has held that a unit selected for organizing by the International Association of Machinists and Aerospace Workers (IAM) – one including approximately 180 jet mechanics at Boeing's...more

NLRB: Proposed Micro-Unit of Boeing Mechanics Is Not Going to Fly

ArentFox Schiff on 9/18/2019

In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics. The Board held in The Boeing Company and...more

NLRB Creates New 3-Step Analysis for Unit Determinations

Littler on 9/16/2019

On September 9, 2019, the National Labor Relations Board (NLRB) issued its decision in The Boeing Company, 368 NLRB No. 67 (2019), clarifying an earlier ruling and reinstating the traditional community of interest standard...more

NLRB Puts a Finer Point on Its Community of Interest Test with a New Three-Step Analysis

Proskauer - Labor Relations Update on 9/13/2019

Still hard at work as we head into mid-September, the National Labor Relations Board, in a 3-1 decision (Chairman Ring and Members Kaplan and Emanuel in the majority, Member McFerran dissenting) announced a three-step test...more

NLRB Reaffirms Test on “Micro-Units”; Blocks Mechanics Unit at Boeing in South Carolina

Benesch on 9/11/2019

On September 9, 2019, the National Labor Relations Board (“NLRB”) continued its recent wave of activity in Boeing, 368 NLRB No. 67 (Sep. 9, 2019), by reaffirming its December 2017 decision in PCC Structurals, 355 NLRB No. 160...more

Trump NLRB Reverses Rule on 'Micro-Units,' Continues Overhaul of Obama-Era Rulings

Foley & Lardner LLP on 1/3/2018

As we discussed last week, the National Labor Relations Board (NLRB) has been working hard during the holiday season to reverse landmark decisions issued by the Obama-era Board. The Board’s efforts to reshape federal labor...more

NLRB Gift: Staying Non-Union May Be A Little Easier

Akerman LLP - HR Defense on 1/3/2018

The NLRB offered a holiday gift to employers this year, overturning an Obama-era decision that allowed unions to organize “micro-units” of employees, by restoring a more employer-friendly standard to determine an “appropriate...more

2017 Ending With A Bang: Obama Era NLRB “Micro Unit” Ruling Reversed

Amundsen Davis LLC on 12/27/2017

2017 is coming to an end, and with somewhat of a Bang! for labor relations moving forward under Trump’s NLRB. In a matter involving PCC Structurals, Inc. and the Intern’l Assoc. of Machinists & Aerospace Workers...more

Employment Flash - December 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 12/22/2017

Recent NLRB Developments - This December 2017 special edition of the Employment Flash summarizes recent decisions issued by the National Labor Relations Board (NLRB) on December 14 and 15, 2017. These decisions are...more

NLRB Reverses Several Obama-Era Decisions; Loosens Grip on Employers

Hogan Lovells on 12/20/2017

In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more

NLRB Overturns Three Obama-Era Decisions on Labor-Management Relations

McGuireWoods LLP on 12/20/2017

In the closing days of outgoing Chairman Phil Miscimarra’s term, the National Labor Relations Board issued three major decisions reversing field on significant issues of labor-management relations and requested public comment...more

‘Tis the Season for Employers: NLRB Reverses Course with Four Key Rulings

Cohen Seglias Pallas Greenhall & Furman PC on 12/20/2017

For employers, the tide is making its long awaited turn in our nation’s capital at the National Labor Relations Board (“NLRB”). Last week, the NLRB reversed precedent on four significant rules that were widely viewed as...more

NLRB Reverses Two More Obama-Era Decisions as Term Expires

Saul Ewing LLP on 12/20/2017

On Friday, the National Labor Relations Board ended a busy week by issuing two more significant decisions on the eve of the expiration of Chairman Miscimarra’s term. The first decision, Raytheon, restored the well-established...more

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National Labor Relations Board › Collective Bargaining › Micro-Unions

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