News & Analysis as of

National Labor Relations Board Union Representatives Employer Liability Issues

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 -
Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

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In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

FordHarrison

Don’t Let Unions Sink Their Teeth into Your Property Rights

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July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to...more

Fisher Phillips

Illinois Joins Trend to Ban “Captive Audience” Meetings: 5 Steps Employers Can Take to Comply

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Illinois just became the latest state to ban employers from holding mandatory meetings with employees concerning religious or political matters, including discussions on union representation. Such employer-sponsored meetings,...more

Morgan Lewis

NLRB Adopts Final Regulations to Restrict Employee Choice on Union Representation

Morgan Lewis on

The National Labor Relations Board (NLRB or Board) on August 1 published a new rule addressing three distinct situations affecting employees’ rights to decide whether they want union representation (New Rule). The New Rule...more

Littler

NLRB Rescinds 2020 “Election Protection Rule”

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As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more

Fisher Phillips

Workplace Law Update: 12 Essential Items on Your May To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Parker Poe Adams & Bernstein LLP

Internal Employee Grievance Committees Can Violate Federal Labor Laws

When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more

Lathrop GPM

NLRB Clears Path for Union Representation Without an Employee Vote

Lathrop GPM on

For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General...more

Epstein Becker & Green

New York State Bans Workplace “Captive Audience” Meetings

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On September 6, 2023, Governor Kathy Hochul signed into law Senate Bill 4982 and Assembly Bill 6604, which amends Section 201-D of the New York Labor Law to prohibit most employers from requiring non-managerial and...more

Robinson+Cole Construction Law Zone

Construction Employers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including construction employers, without a secret ballot election.  Initially, it is important to understand that this new...more

Burr & Forman

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Epstein Becker & Green

NLRB Delivers Labor Day Gifts to Unions

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It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Miller Nash LLP

NLRB Turns Union Representation Process Upside Down, Preferring Card Check Recognition Over Elections: Practical Considerations...

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WARNING TO ALL PRIVATE NONUNION EMPLOYERS In a crucial case for nonunion employers, the National Labor Relations Board (NLRB) has upended the rules governing how a workplace becomes unionized. Now, employers can be obligated...more

Dinsmore & Shohl LLP

Flurry of Recent NLRB Actions Create Easier Road to Union Representation

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The National Labor Relations Board (“NLRB”) has issued a decision requiring employers to either recognize a new union, or promptly file for an NLRB-run election, when a union asks for recognition based on a majority of...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

McAfee & Taft

Oklahoma City Apple Store votes to unionize

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When Apple’s Penn Square Mall retail store in Oklahoma City voted on Friday to unionize, it became the tech giant’s second location in the United States to do so. Is this a trend for other Oklahoma employers? Count on...more

Stevens & Lee

Is the NLRB Looking to Expand Weingarten Rights?

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A new National Labor Relations Board (the “Board”) decision has laid the groundwork for the Board to extend “Weingarten” rights – the right of union employees to have a union representative accompany them at disciplinary...more

Ward and Smith, P.A.

Labor Unions and "Protected Concerted Activity:" What Private Employers – Unionized or NOT – Need to Know in 2022

Ward and Smith, P.A. on

Employers, it seems, can't catch a break these days. They build businesses. They take risks. They face increasing supply costs, supply-chain problems, interest rates, and staff-shortages...more

Littler

NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns

Littler on

On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not...more

Foley & Lardner LLP

A New Wave of Unionization is Driving Change; Make Sure Your Organization Doesn’t Get Run Over

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The national conversation around union organization – increasingly lively of late – has focused on “new” players, whether grassroots unions, college-educated employees in the service industry, or professionals in the...more

Perkins Coie

NLRB GC Abruzzo Signals Significant Changes for Employers in Cemex Brief

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The general counsel for the National Labor Relations Board (the Board), Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, LLC, 28-CA-230115 et al.,...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Proskauer - Labor Relations Update

D.C. Circuit Court Rules NLRB’s Access to Property Test is Arbitrary

General Counsel of the National Labor Relations Board, Jennifer Abruzzo, is already on her way to accomplishing one of the objectives she laid out in her recent Advice-Memorandum 21-04. In the GC’s memo, she identified a...more

Proskauer - Labor Relations Update

NLRB Upholds Contract-Bar Doctrine in Current Form

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

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