The Labor Law Insider: Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part II
The United Auto Workers won a potentially momentum-shifting organizing victory last week. In a secret ballot election conducted by the NLRB at a Chattanooga, Tennessee Volkswagen plant, nearly 75% of the putative bargaining...more
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
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
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
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
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
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
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
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
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
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
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