News & Analysis as of

Rulemaking Process Unions

McGlinchey Stafford

Chaos and Confusion at the Bureau: Current Litigation Surrounding the Unwinding of the CFPB

McGlinchey Stafford on

As we discussed previously, the Consumer Financial Protection Bureau (CFPB) is facing a threat to its very existence, and this time, the call is coming from inside the house. After Acting Director Russ Vought and the...more

Stoel Rives - World of Employment

NLRB Waters Down Management Rights In Latest Union-Friendly Board Decision, But Potential Republican Board Majority In Early 2025...

Since 2019, employers have relied heavily on the management rights clauses in collective bargaining agreements to make unilateral workplace changes involving operational decisions.  They did so with the protection of the...more

Quarles & Brady LLP

What a Republican Administration Could Mean for the NLRA

Quarles & Brady LLP on

With the change to a Republican administration, similar to the past, it is likely that we will see a change in enforcement of the National Labor Relations Act (“NLRA”)....more

Sheppard Mullin Richter & Hampton LLP

The NLRB Implements Its Fair Choice – Employee Voice Final Rule – Effective September 30, 2024

On July 26, 2024, the National Labor Relations Board (“Board”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which rescinds a trio of April 2020 amendments to the Board’s Rules and Regulations affecting...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2024 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues New Memo Further Expanding Penalties for Unfair Labor Practice Violations

Through Board decisions, rule making, and NLRB General Counsel’s (“GC”) memoranda, the National Labor Relations Board (“NLRB” or “the Board”) continues to expand the potential penalties for employers found to have committed...more

Bradley Arant Boult Cummings LLP

Union Activity Continues To Expand Amidst Pro Labor Movement

In a regulation issued by the National Labor Relations Board (NLRB), the Democratic majority on the board altered the voting process in rolling back Trump-era changes that had slowed down the election process. The new...more

Fisher Phillips

OSHA’s Proposed Rule Would Allow Union Walkthroughs of All Worksites: Your 7-Step Survival Guide

Fisher Phillips on

Federal safety officials have just made good on one of their promises by issuing a proposed rule that would give a designated union representative the right to accompany an OSHA inspector during a facility walkaround —...more

Proskauer - Labor Relations Update

Here We Go Again: Board Resurrects “Quickie” Election Rules

With over 58,000 workers reportedly unionizing so far in 2023 and the number of representation petitions on the rise, it comes as no surprise that the National Labor Relations Board (“NLRB” or the “Board”) continues to make...more

Foley Hoag LLP

NLRB Issues Final Rule Speeding Up Union Election Procedures

Foley Hoag LLP on

This week, the United States National Labor Relations Board (NLRB) issued a final rule modifying certain procedures relating to union representation elections. The rule, which will go into effect as of December 26, 2023,...more

Kohrman Jackson & Krantz LLP

How Should Employers Respond to the New Age of Unionism?

Previously, we published content alerting you to the increase in union activism and successful union campaigns. Starbucks now has over 300 of its locations in the throes of union campaigns. Employers targeted by recent union...more

Proskauer - Labor Relations Update

NLRB Releases Spring Rulemaking Agenda Forecasting Changes To Joint Employer Standard and Representation Election Procedures

On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking...more

Fisher Phillips

DOL’s Proposed Revisions of Davis Bacon Act Rules Will Have Significant Impact on Federal Construction Contractors

Fisher Phillips on

Federal wage and hour officials recently issued proposed rules that will make it easier for unions to have their hourly rates of pay established as the prevailing wage rates and will increase the Department of Labor’s...more

Proskauer - Labor Relations Update

While Democrats Whittle Down Pro-Labor Provisions Of Social Spending Bill, Civil Penalties Remain

As we discussed here, members of the House Education and Labor Committee have been attempting to end-run the procedural hurdles that have prevented the Protect the Right to Organize Act (“PRO Act”) legislation from becoming...more

Seyfarth Shaw LLP

D.C. District Affirms the NMB’s Decertification Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Mediation Board’s new decertification rule survived the first round of legal challenge. In 2019, the NMB issued a final rule providing a direct decertification process under the Railway Labor...more

Bass, Berry & Sims PLC

Students May Unionize After All: NLRB Withdraws Proposed Rule

Bass, Berry & Sims PLC on

The National Labor Relations Board (NLRB or Board) recently announced it was changing course on whether students should be considered employees and therefore can unionize. This change of course returns to previous Board...more

Perkins Coie

Labor Law Today—2020 Year in Review

Perkins Coie on

No one needs an introduction to the dominant theme of 2020 in the field of traditional labor law. The main story, as in nearly all fields of law, was the COVID-19 pandemic and its impact on every aspect of American lives. ...more

Benesch

NLRB Rule-Making Poised to Make Additional Changes to Union Election Procedures

Benesch on

On July 28, 2020, the National Labor Relations Board (“NLRB” or the “Board”) announced another round of rule changes that would impact representation election procedures in two significant ways. We previously discussed prior...more

Foley Hoag LLP

Court’s Injunction Prevents Full Implementation of the NLRB's New Union Election Rules

Foley Hoag LLP on

In December 2019, the National Labor Relations Board announced revised procedures for union elections that would extend certain pre-election deadlines and require certain disputes be resolved ahead of an election... These...more

Jackson Lewis P.C.

Despite Court Ruling, NLRB Implements Much Of New Election Rule

Jackson Lewis P.C. on

The National Labor Relation Board (NLRB) has implemented several parts of its new election rule. U.S. District Court Judge Ketanji Brown Jackson enjoined parts of the rule that, in her view, were not lawfully promulgated....more

Littler

NLRB Moves Forward with Bulk of Final Election Rule Changes Despite Blow Dealt by Federal Court

Littler on

On Saturday, May 30, 2020, one day before the effective date of the National Labor Relations Board’s Final Rule on Representation Case Procedures, a judge on the U.S. District Court for the District of Columbia issued a...more

Seyfarth Shaw LLP

Court Strikes Down Parts of NLRB Representation Election Rules in Eleventh-Hour Decision

Seyfarth Shaw LLP on

Portions of the NLRB’s expansive new representation election rules–scheduled to go into effect on May 31, 2020 following a COVID-19 related delay–were struck down by court order one day prior to becoming effective. ...more

Proskauer - Labor Relations Update

Update: Despite Order Striking Down Portions of NLRB Rulemaking on Representation Election Procedures, NLRB Implements Rules...

On Sunday, we reported on an eleventh-hour district court order striking down large portions of the NLRB’s new representation election rules that were set to go into effect on May 31, 2020. The district court order held...more

Proskauer - Labor Relations Update

NLRB Regions Hold Information Sessions to Discuss Representation Case Changes

In December 2019, the NLRB announced its Final Rule governing representation case procedures. The Final Rule applies to petitions filed on or after May 31, 2020. With the effective date fast approaching, NLRB Regions...more

Stinson LLP

NLRB Continues Its Election Process Make Over

Stinson LLP on

The National Labor Relations Board (NLRB) began April by issuing a new rule geared towards improving case procedures for union representation elections. Specifically, the rule implements three amendments, addressing (1)...more

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