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National Labor Relations Board › Decertification › Unions

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 -
Proskauer - Labor Relations Update

NLRB Issues “Fair Choice-Employee Voice” Final Rule

Proskauer - Labor Relations Update on

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

Fisher Phillips

NLRB Makes It Harder to Decertify Unions in Latest Pro-Labor Move: 3 Key Takeaways for Employers

Fisher Phillips on

The National Labor Relations Board just ditched three Trump-era rules that had made it easier for workers to undo union representation. In a long-anticipated move, the NLRB issued a new regulation Friday scrapping agency...more

Foley Hoag LLP - Cannabis and the Law

Some Cannabis Employees Are Voting Out Their Union

Foley Hoag LLP - Cannabis and the Law on

Some cannabis workers in recent months have grown weary of their unions and have voted the unions out – or, in labor terms, “decertified” them. This has happened in two different Cresco Labs facilities. The first occurred at...more

Foley & Lardner LLP

What’s the NLRB Up To Now?

Foley & Lardner LLP on

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

Fox Rothschild LLP

NLRB Paves the Way for Unions to Block Decertification Petitions

Fox Rothschild LLP on

The National Labor Relations Board has issued a notice of proposed rulemaking that could make it more difficult for employees to end union representation at their workplace. Issued on Nov. 3, 2022, the Board’s proposed rule,...more

Jackson Lewis P.C.

Top Five Labor Law Developments for May 2022

Jackson Lewis P.C. on

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

Sherman & Howard L.L.C.

NLRB Keeps Contract Bar Rule—For Now

Sherman & Howard L.L.C. on

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

Proskauer - Labor Relations Update

NLRB Upholds Contract-Bar Doctrine in Current Form

Proskauer - Labor Relations Update on

On April 21, 2021, the National Labor Relations Board (the “Board”) declined to eliminate or modify its long-standing contract-bar doctrine, which purports to provide stability in the relationship among the employer, a...more

Proskauer - Labor Relations Update

NLRB Continues to Aid Workers in Ousting Unions

Proskauer - Labor Relations Update on

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

Bond Schoeneck & King PLLC

The NLRB Publishes Proposed Rules Amending Procedures in Representation Cases

Bond Schoeneck & King PLLC on

On August 12, 2019, the National Labor Relations Board (“NLRB” or the “Board”) published proposed rules with the goal of protecting “employees’ statutory right of free choice on questions concerning representation.” ...more

Akerman LLP - HR Defense

NLRB Proposes Employer Friendly Changes to Union Election Rules

Akerman LLP - HR Defense on

Employers may find it easier to remain union-free based on new rules proposed last week by the National Labor Relations Board for bringing unions into and out of the work place....more

Benesch

Proposed NLRB Rule-Making Aimed at Unions and Decertification Elections

Benesch on

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

Brownstein Hyatt Farber Schreck

NLRB’s Busy Summer Results in Key Labor Changes

Brownstein Hyatt Farber Schreck on

The National Labor Relations Board (“NLRB”) has been busy this summer—issuing two significant decisions, and one advice memorandum—that tilts the scales in favor of employers. The rulings of the NLRB will have serious...more

Littler

NLRB Holds that Employer Does Not Taint Decertification Effort by Promoting the Employee Responsible for the Petition

Littler on

In a recent decision, AIM Aerospace Sumner, Inc., the National Labor Relations Board (Board) held that an employer could rely on a decertification petition to withdraw recognition from a union, even though the employer...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

Benesch

Board In Position to Review Union-Friendly Blocking Charge Policy

Benesch on

The National Labor Relations Board (the “Board”) is poised to review a policy long-used by unions to stave off decertification elections. Under current Board policy, a union that has lost the support of its membership can...more

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