News & Analysis as of

Secret Ballot

Husch Blackwell LLP

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

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

Proskauer - Labor Relations Update

That Was Fast: Judge Orders Cannabis Company to Recognize and Bargain with Union Under “Cemex”

As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more

McDermott Will & Emery

NLRB Abandons Primacy of Secret Ballot Elections: Employers Should Reassess Labor Relations Risk and Develop New Action Plans

McDermott Will & Emery on

In its recent Cemex Construction decision, the National Labor Relations Board (NLRB) abandoned two fundamental rules enshrined in Supreme Court case law. Both of those Supreme Court decisions prioritized secret ballot...more

Foley Hoag LLP

NLRB Upends 50 Years of Precedent, Narrows Employer Options for Secret Ballot Elections in Union Organizing Campaigns

Foley Hoag LLP on

On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision that significantly narrows employers’ options in contesting union organizing efforts through secret ballot elections. The case, Cemex...more

Obermayer Rebmann Maxwell & Hippel LLP

Landmark NLRB Decision Significantly Alters Labor Relations Landscape by Promoting Mandatory Union Recognition Over Traditional...

On Friday, August 25, 2023, The National Labor Relations Board (NLRB) issued a highly anticipated decision in Cemex Construction Materials Pacific, LLC which fundamentally shifts the paradigm governing how unions organize...more

Proskauer - Labor Relations Update

NLRB Reinvigorates 1949 Joy Silk Doctrine Giving Great Weight To Demands For Recognition

As we previously reported in April 2022, the National Labor Relations Board (“NLRB” or “Board”) General Counsel, Jennifer Abruzzo, asked the Board to revive the Joy Silk doctrine (which was rejected in 1969) and require...more

Sherman & Howard L.L.C.

NLRB Rejects Secret Ballot Election, the Hallmark of its Purported Neutrality

On Friday, the National Labor Relations Board (“NLRB” or the “Board”) overturned 50 years of labor law and severely limited the right of employers to insist on a secret ballot election. In Cemex Construction Materials...more

Fisher Phillips

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

Fisher Phillips on

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

Hinshaw & Culbertson - Employment Law...

NLRB Reverses 50-Year Precedent and Lessens Standard for a Bargaining Order Without a Secret Ballot Election

The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy...more

Husch Blackwell LLP

Employers Have New Obligations when the Union Demands Voluntary Recognition

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Under a typical election scenario, a union files an election petition with the Board’s Regional Office, along with a “showing of interest” demonstrating enough employee support (at least 30% of the unit described in the...more

Fisher Phillips

California Governor Confirms Unionization of Agricultural Employees Through “Card Check” Process: Your Top 3 Takeaways

Fisher Phillips on

Governor Newsom recently signed a bill into law clarifying that a single alternative to the traditional secret ballot method – an alternative known as the “card check” election – may be used for unions to organize at...more

Jackson Lewis P.C.

What Manufacturing and Other Employers Can Expect From Biden National Labor Relations Board

Jackson Lewis P.C. on

Through its decisions, the five-member National Labor Relations Board interprets the National Labor Relations Act. These decisions set rules that regulate unionized and non-unionized workplaces, including the relationship...more

Hinshaw & Culbertson - Employment Law...

General Counsel of NLRB Seeks to Revoke Right of Employers to Recognize a Union on a Voluntarily Basis and Insist on a Private...

Voluntary recognition of a union as the exclusive bargaining representative for employees within an identified bargaining unit of the employer can have potentially game-changing consequences for an employer. However, if the...more

Laner Muchin, Ltd.

NLRB General Counsel Calls for Reinstatement of Card Check Standard in Union Organizing Drives

Laner Muchin, Ltd. on

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo recently called for overturning fifty years of precedent that allows employees to decide via a vote whether to have a union represent them for collective...more

Fisher Phillips

Top NLRB Lawyer Aims to Impose Union Recognition Through ‘Card Check’ Process

Fisher Phillips on

An employer can generally refuse a union’s demand for recognition and insist on a secret ballot vote, according to established federal labor law authority, but relying on this authority seems somewhat risky at the moment. For...more

Jackson Lewis P.C.

Top Five Labor Law Developments for April 2022

Jackson Lewis P.C. on

1. The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board...more

Perkins Coie

NLRB GC Abruzzo Signals Significant Changes for Employers in Cemex Brief

Perkins Coie on

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

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Seeks to Reinstate Radical Standard for Union Recognition and Restrict Employer Free Speech During Corporate...

In contravention of decades-old precedent, employers may be required to recognize unions without a secret ballot election, thereby denying employers the opportunity to protect the private choice of their employees. The...more

FordHarrison

NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count

FordHarrison on

Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to...more

Amundsen Davis LLC

“Card Check 2.0” — NLRB General Counsel Seeks to Resurrect Long-Dead Joy Silk Doctrine to Help Unions Organize Employees

Amundsen Davis LLC on

On April 11, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, seeking a return to the NLRB’s long-abandoned...more

Sherman & Howard L.L.C.

National Labor Relations Board’s General Counsel Abruzzo Seeks to Eliminate Secret Ballot Elections

The National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, is attempting to revive unions’ ability to win recognition from employers without a secret ballot election. In a brief filed...more

Fisher Phillips

Manufacturing Snapshot: Resurrection of Long-Extinct Doctrine Brings Threat of De Facto “Card-Check”

Fisher Phillips on

The Biden administration is deploying a number of initiatives in its ongoing efforts “to be the most pro-union administration in American history” – but the current effort to resurrect the decades-old Joy Silk doctrine, which...more

Proskauer - Labor Relations Update

BREAKING: NLRB General Counsel Seeks to Scrap 50 Years of Precedent and Require Card Check Recognition

With Congress failing to make the organizing process easier for unions, the NLRB General Counsel Jennifer Abruzzo is now asking the Board to require employers to recognize unions without a secret ballot election. As...more

Fox Rothschild LLP

Union without an election? – NLRB’s possible return to Joy Silk Mills

Fox Rothschild LLP on

Employers across the country may, in the near future, face a unionized workforce even though their employees are denied the opportunity to vote in a secret ballot election. Under current law, an employer presented with...more

Maynard Nexsen

Unionization of South Carolina Newspapers

Maynard Nexsen on

One of South Carolina's oldest and largest newspapers may soon become unionized. An affiliate of the Communication Workers of America recently filed a petition seeking to unionize all non-supervisors who work at The State...more

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