News & Analysis as of September 20, 2024

Bargaining Units

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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 Holds That College Basketball Players Are 'Employees'

Parker Poe Adams & Bernstein LLP on 2/9/2024

This week, the regional director for Region 1 of the National Labor Relations Board issued an opinion that could usher in a wave of unionization efforts among college athletes. Fifteen members of the Dartmouth men’s...more

Concerns Over Cemex Bargaining Orders

Benesch on 11/27/2023

On August 25, 2023, the National Labor Relations Board (“NLRB”) decided Cemex Construction Materials Pacific, LLC, which lowered the threshold for the Board to issue a bargaining order rather than re-run an election when it...more

Employers Beware: Verbal Demands to Supervisors Can Result in Recognition of a Union

Frantz Ward LLP on 11/15/2023

We previously reported in August on the National Labor Relations Board’s decision in Cemex Construction Materials Pacific, NLRB Case No. 28-CA-230115, 327 NLRB No. 130 (August 25, 2023), wherein the Board overruled...more

Labor Board’s General Counsel Imposes Additional Burdens on Employers Responding to Union Recognition Demands: 6 Takeaways for...

Fisher Phillips on 11/13/2023

In the aftermath of a game-changing NLRB decision that drastically changed how employers can respond to union recognition demands, the Board’s General Counsel recently issued a guidance memorandum offering important insight...more

NLRB Decision Drastically Shifts Petition and Election Process in Unions’ Favor

Morgan, Brown & Joy, LLP on 9/5/2023

The National Labor Relations Board issued a landmark decision this week in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115, which will have immediate and drastic effects on employers facing union...more

Labor law roundup

Constangy, Brooks, Smith & Prophete, LLP on 9/1/2023

I hope this won't ruin your Labor Day weekend. The employer-unfriendly decisions from the National Labor Relations Board have been coming fast and furious. In honor of the holiday, here's a short recap. As you probably...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

In Major New Decision, NLRB Authorizes Union Recognition Without Election

Steptoe & Johnson PLLC on 8/29/2023

On August 25, the National Labor Relations Board (the Board) issued a monumental decision in Cemex Construction Materials Pacific, LLC, enacting a new framework for unions to gain recognition without a formal representation...more

Labor Board Overhauls Representation Process to Boost Union Organizing: Your 8-Step Plan to Respond

Fisher Phillips on 8/29/2023

The NLRB just drastically changed how employers can respond to union recognition demands by creating a new framework that will determine when employers are required to bargain with unions without a representation election....more

NLRB Adopts New Union-Friendly Recognition Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/28/2023

On August 25, 2023, the National Labor Relations Board (NLRB) adopted a new standard for union representation that requires an employer to recognize and bargain with a union that has demonstrated majority status unless the...more

The Return of Quickie Union Elections: Top 10 Things Employers Need to Know About Labor Board’s Broad New Rule

Fisher Phillips on 8/28/2023

Employers were dealt yet another blow Thursday when the National Labor Relations Board re-introduced “quickie” elections and accelerated the time period between union petitions and elections. This is just one of the changes...more

NLRB Concludes Exigent Circumstances Delay, Do Not Eliminate, Decisional Bargaining

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/16/2023

In a decision instructive to employers facing sudden, emergency conditions requiring immediate response, a divided National Labor Relations Board (NLRB) in Metro Man IV, LLC d/b/a Fountain Bleu Health and Rehabilitation...more

Top Five Labor Law Developments for December 2022

Jackson Lewis P.C. on 1/9/2023

1. The National Labor Relations Board expanded its authority to include awarding consequential damages in unfair labor practice cases. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022). Monetary remedies for violations of the...more

Labor Updates: Recent NLRB Rulings on Scope of Union Bargaining Units, NCAA Athletes

Franczek P.C. on 12/29/2022

As we’ve previously reported, the National Labor Relations Board (NLRB, or the Board) under the Biden administration has been issuing decisions that are more union-friendly and less favorable to employers. Earlier this month,...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 Tackles Employee Interrogations, Property Rights and More in December

Miles & Stockbridge P.C. on 12/21/2022

The National Labor Relations Board issued a flurry of employee-friendly decisions last week, continuing its move away from the more employer-friendly rulings by the Trump Board and, in many cases, returning to or reaffirming,...more

NLRB Returns to Specialty Healthcare Bargaining-Unit Determination Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/20/2022

In a decision impacting employers that face a petition for election that seeks to represent part of the workforce, a divided National Labor Relations Board (NLRB) returned to its former Specialty Healthcare standard to apply...more

The National Labor Relations Board’s Return to So-Called “Micro-Bargaining-Units” and What it Could Mean for Employers

Burr & Forman on 12/19/2022

In a busy (and divided) week for the National Labor Relations Board (“NLRB” or “the Board”), the Board issued a 3-2 decision in American Steel Construction, Inc., 372 NLRB No. 23 (Dec. 14, 2022), reverting the test for...more

NLRB Issues Twin Rulings Expanding the Scope of 'Make-Whole' Remedies and Easing Union Organizing Burdens

Miller Canfield on 12/16/2022

On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...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 Restores Obama-Era Bargaining Unit Test

Bond Schoeneck & King PLLC on 12/16/2022

On Dec. 14, 2022, the National Labor Relations Board (NLRB or Board) issued a decision that (again) modifies its standard for bargaining-unit determination cases where a labor union seeks to represent a unit that contains...more

With American Steel, Micro-Units Are Again a Likely Possibility

Littler on 12/16/2022

After a year of consideration including amicus briefs on the matter, the National Labor Relations Board (Board) revived another Obama-era precedent in a decision issued December 14, 2022. In American Steel, 372 NLRB No. 23,...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

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National Labor Relations Board › Unions › Bargaining Units

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