News & Analysis as of September 20, 2024

The National Labor Relations Act

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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 Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on 8/26/2024

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

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

FordHarrison on 8/7/2024

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

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

Fisher Phillips on 8/7/2024

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

NLRB Rescinds 2020 “Election Protection Rule”

Littler on 7/31/2024

As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more

Labor Board Returns to Pre-Trump Board Union Election Procedures

Jackson Lewis P.C. on 7/31/2024

The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and...more

By the Numbers – A Look at Union Activity in 2024 Thus Far

Constangy, Brooks, Smith & Prophete, LLP on 6/13/2024

2024 continues to be a busy year for the National Labor Relations Board, unions, and management. Nearly six months into the year, we have sufficient data to analyze the impact NLRB decisions such as Cemex Construction...more

NLRB Clears Path for Union Representation Without an Employee Vote

Lathrop GPM on 12/14/2023

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

The Labor Law Insider: Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part II

Husch Blackwell LLP on 12/11/2023

Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider host Tom Godar in Part II of this discussion of the impact of new Cemex decision by the NLRB. Suddenly, minor violations of the National Labor...more

New York State Bans Workplace “Captive Audience” Meetings

Epstein Becker & Green on 11/20/2023

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

Construction Employers Beware: New, Easier Union Representation Process

Robinson+Cole Construction Law Zone on 10/6/2023

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

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on 9/26/2023

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

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on 9/11/2023

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

NLRB Allows Unions to Represent Workers Without a Formal Vote

Venable LLP on 8/31/2023

On August 25, 2023, the National Labor Relations Board (NLRB or the Board) decided that employers must either recognize a new union or promptly file for an election when a union asks for recognition based on a majority of...more

NLRB General Counsel Doubles Down on Captive Audience Meetings in Response to Legal Challenge

Fisher Phillips on 3/27/2023

As you may know, the NLRB’s top prosecutor issued a memo last year seeking to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances...more

Labor Board Proposes Return to Pre-Trump Board Election Procedures

Jackson Lewis P.C. on 11/7/2022

The National Labor Relations Board (NLRB) has proposed rescinding portions of its 2020 union representation procedures on blocking charges, voluntary recognition bar, and construction industry collective bargaining...more

OFCCP Week In Review: September 2022 #3

DirectEmployers Association on 9/19/2022

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 Cynthia L. Hackerott. In today’s edition,...more

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

Ward and Smith, P.A. on 8/19/2022

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

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

Littler on 7/15/2022

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

#WorkforceWednesday: NLRB Updates, Quick EEO-1 Deadline - Employment Law This Week®

Epstein Becker & Green on 4/20/2022

This week, we update you on two major developments from the National Labor Relations Board and this year's abridged timeline to submit EEO-1 data. Union Activity Surges The NLRB recently released data on the increase in...more

NLRB’s Top Sheriff Calls for Abrupt End to 75 Years of Lawful “Captive Audience” Meetings

Fisher Phillips on 4/12/2022

The NLRB’s top prosecutor just issued a memo which seeks to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances that participation...more

The Scabby Saga Continues

Hinshaw & Culbertson - Employment Law... on 7/27/2021

The battle over Scabby the Rat took another turn on July 21, 2021, when the National Labor Relations Board issued its anticipated decision and order in International Union of Operating Engineers, Local 150 and Lippert...more

Labor Board Orders Business To Reopen; D.C. Circuit Says Not So Fast

Jackson Lewis P.C. on 5/26/2021

The NLRB has the authority to order an employer to reopen a business it finds was closed for discriminatorily anti-union reasons. In RAV Truck & Trailer Repairs, Inc., 369 NLRB No. 36 (Mar. 3, 2020), the NLRB did just that....more

NLRB Drops its “Subgroup Majority Status” Test to Determine Whether Faculty are Exempt Managerial Employees

Littler on 2/25/2021

On February 19, 2021, the National Labor Relations Board (Board) modified its test for determining whether faculty at private colleges and universities should be excluded as managerial employees from the right to union...more

Minority Unions – A Major Concern for Employers in 2021 and Beyond?

Littler on 1/12/2021

Recent media reports have covered the relatively new phenomenon of minority labor unions. These are not traditional unions in the sense of formal organizing, National Labor Relations Board (NLRB) certification, and exclusive...more

3 Changes Healthcare Employers Should Watch For Under Biden’s National Labor Relations Board

Fisher Phillips on 11/16/2020

A Biden presidency will surely bring changes to federal labor law under the National Labor Relations Act, the primary law that governs employee collective activity, labor-management relations, collective bargaining, and union...more

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