News & Analysis as of September 20, 2024

Union Membership

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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 -

Labor Board Maintains Course with Pro-union Agenda

Bradley Arant Boult Cummings LLP on 8/4/2023

The National Labor Relations Board in 2023 has continued on its pro-union path in all areas of traditional labor law. Many of the NLRB’s actions are the result of the ongoing advice memos which are being issued by General...more

NLRB Proposes to Roll Back Its 2020 Rule Regarding Removal of a Union

Frantz Ward LLP on 11/9/2022

In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of...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

NLRB Construction Rule Change Closes Union-Recognition Loophole, But Avoids Remedying Past Wrongs

Jackson Lewis P.C. on 9/21/2020

Among the many rule changes recently announced by the National Labor Relations Board (NLRB) was one specifically limited to construction industry employers — and will prospectively rectify a 20-year interpretation that ran...more

Total (Security) Recall: Labor Board Returns To Historical Precedent And Allows Discipline Of Newly Organized Union Members

Fisher Phillips on 6/29/2020

The National Labor Relations Board restored its longstanding precedent involving an employer’s duty to bargain over discipline in a newly certified bargaining unit, ruling that employers have no obligation to negotiate with...more

NLRB Reaffirms Alan Ritchey Doctrine with New Make-Whole Twist

Seyfarth Shaw LLP on 9/29/2016

Seyfarth Synopsis: The Board reaffirmed, prospectively, the Alan Ritchey doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated prospective...more

Have a Management Rights Clause? It May Not Save You from Bargaining with the Union

Foley & Lardner LLP on 9/29/2016

Many union employers insist on strong management clauses in their labor agreements. Such clauses contain language reserving for the employer the right to adopt new rules and regulations. A reasonable employer may assume that...more

Swipe Right For Unions? Companies Should Brace Themselves For Labor Organizing Version 2.0

Fisher Phillips on 9/4/2015

Unless you’ve been hibernating, hiding under a rock, or vacationing in a location without Wi-Fi reception, you may have noticed that the last several months have been kinder to labor unions than any in recent memory. Changes...more

Can I Get A Witness (Or At Least A Witness Statement)? NLRB Rules Witness Statements Are Now Fair Game

Fisher Phillips on 8/4/2015

For over 35 years, the National Labor Relations Board (NLRB) held that witness statements obtained by unionized employers during pre-arbitration investigations were exempt from disclosure to the union. However, on June 26,...more

Did You Know…Cybersecurity Made More Complicated by the NLRB

Nossaman LLP on 11/26/2014

The National Labor Relations Board has recently inserted itself into the world of cybersecurity after the United States Postal Service suffered a security breach involving the personal data of several hundred thousand of its...more

NLRB Division of Advice Clarifies Duty to Bargain with Newly Certified Union over Discipline

Franczek P.C. on 6/4/2014

Last week, the National Labor Relations Board’s Division of Advice issued a memorandum in which it clarified an employer’s duty to bargain with a newly certified union regarding the discipline of union-represented employees...more

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National Labor Relations Board › Collective Bargaining › Union Membership

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