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Secret Ballot The National Labor Relations Act

Husch Blackwell LLP

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

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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

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

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

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

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

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

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

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

Jackson Lewis P.C.

Labor Board Corrects ‘Unjustified Asymmetry’ In Anticipatory Withdrawal Of Union Recognition Doctrine

Jackson Lewis P.C. on

Since 2001, an employer presented with evidence that at least 50 percent of its unionized bargaining unit no longer wanted to be represented by the union could anticipatorily withdraw recognition from that union. The union,...more

Proskauer - Labor Relations Update

NLRB Announces Three Proposed Rulemaking Amendments Aimed at Overhauling Union Election Procedures – With More to Come!

The National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) on Monday, August 12, 2019, proposing three amendments to its current rules and regulations aimed at addressing representation election...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Just Made It A Little Easier For Employees To Get Rid Of Their Union

Unionized workers wishing to rid themselves of continued union representation (and their employers) just got some very good news from the National Labor Relations Board (NLRB or Board) with the issuance of Johnson Controls,...more

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