News & Analysis as of

Union Elections

NLRB Continues To Ask Whether Voters Were Potentially Disenfranchised When Polls Not Timely Opened

by Jackson Lewis P.C. on

The National Labor Relations Board has reaffirmed it will apply a “potential-disenfranchisement” test, not an “actual-disenfranchisement” test, in determining whether employees were affected by a late opening of the polls at...more

NLRB Orders New Election Where Polls Opened Seven Minutes Late

by McGuireWoods LLP on

One Democrat Member and one Republican Member of the National Labor Relations Board joined together to set aside an election won by the union 14-12 because the Board agent opened the polls seven minutes late and there were...more

With Quickie Election Rule on the Chopping Block, NLRB Extends Time for Public Comment

The National Labor Relations Board (“NLRB”) is reconsidering the future of 29 C.F.R. 101, 102, commonly referred to as the “2014 Election Rule,” “Ambush Election Rule,” or “Quickie Election Rule.” The Quickie Election Rule...more

NLRB Extends Time For Filing Responses To “Quickie Election” Request For Information

by Jackson Lewis P.C. on

The National Labor Relations Board has extended the time for filing responses to its request for information regarding its 2014 election rule. The new date for submissions is Monday, March 19, 2018. In that request for...more

Web Exclusive December 2017: The Top 14 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017. December was no different,...more

End of the Year Whirlwind for Labor and OSHA Matters! Part II of III – NLRB.

by Fisher Phillips on

No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger...more

Micro-Units Are Dead: Labor Board Returns To Traditional “Community Of Interest” Factors For Union Elections

by Fisher Phillips on

One day after overturning the Obama-era’s joint-employer standard and in the waning days of Philip Miscimarra’s Chairmanship, the National Labor Relations Board struck down the pro-union use of micro-units, a tool used to...more

New Labor Board May Kill “Quickie Election” Rule; Requests Public RFI

The NLRB announced December 12, 2017, a Request for Information (“RFI”) on the Board’s 2014 “Quickie Election” representation regulations (at 29 CFR parts 101 and 102). The RFI seeks input on the amendments to representation...more

NLRB Hints That “Ambush” Election Regulations May Be Rescinded

by Proskauer - Labor Relations on

Things are moving fast and furiously at the NLRB. Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent...more

Labor Board To Scrap Quickie Election Rule? Public Comment Requested

by Fisher Phillips on

In the clearest sign yet that the National Labor Relations Board is ready to shift away from the strong pro-union stance that had been taken for the previous eight years, the agency today announced that it will seek public...more

Labor Board Asks: Retain, Modify, Or Rescind ‘Quickie Election’ Rules?

by Jackson Lewis P.C. on

A Request for Information regarding the “Quickie Election” representation regulations (at 29 CFR parts 101 and 102) will be published on December 13, 2017, the National Labor Relations Board has announced. The RFI will seek...more

Board In Position to Review Union-Friendly Blocking Charge Policy

by Benesch on

The National Labor Relations Board (the “Board”) is poised to review a policy long-used by unions to stave off decertification elections. Under current Board policy, a union that has lost the support of its membership can...more

Quickie Election Rules, Thumbs Up Or Down?: Board Member Kaplan Again Says No Comment

by Jackson Lewis P.C. on

In what appears to be the second unpublished decision in which he has participated since becoming a Board Member, Member Marvin E. Kaplan once again has “expresse[d] no view with respect to whether he agrees or disagrees with...more

New Board Member Kaplan Sides With Pearce In First NLRB Decision

by Jackson Lewis P.C. on

In what appears to be the first time he has participated in a National Labor Relations Board decision, new NLRB Member Marvin E. Kaplan, a Republican, has voted to deny an employer’s request to stay an election. He voted with...more

Employers Take Note: Public’s Approval Of Unions Goes Up, Gallup Reports

by Jackson Lewis P.C. on

Apparently, reports of the demise of organized labor are greatly exaggerated. According to a Gallup poll conducted from August 2 to 6, 2017, 61% of adults answered that they approve when asked, “Do you approve or disapprove...more

Bills In Congress Would Short-Cut ‘Quickie Election Rule,’ ‘Micro-Unit’ Reversals

by Jackson Lewis P.C. on

With the recent confirmation of Marvin Kaplan to the National Labor Relations Board, the Obama (pro-union) Board is officially transitioning into a Trump (pro-business) Board. With that, Republicans hope, will come a change...more

Management Labor Attorney Being Considered For NLRB General Counsel Nomination

by Jackson Lewis P.C. on

Peter B. Robb, a management-side labor law attorney, reportedly is being considered to be the National Labor Relations Board’s next General Counsel. The four-year term for the current NLRB General Counsel, Democrat Richard F....more

Employer’s Asking Employee “How Things Are Going?,” Prelude to Unlawful Solicitation of Grievances, Board Majority Rules

We are on the verge of the Board majority changing for the first time in approximately a decade. The President’s two appointees, if confirmed, will bring the Board up to a full five members. After the new members are seated...more

NLRB Affirms Employer's Right to Terminate Employees Who Disparaged Company's Food Safety Practices

Over the past several years, we have reported on a seemingly never-ending series of National Labor Relations Board (NLRB) decisions proclaiming a variety of abusive employee practices as protected behavior under federal labor...more

Will That Sandwich Make You Sick? – 8th Circuit Holds NLRA Does Not Protect Disparaging Statements By Jimmy John’s Employees

by Dorsey & Whitney LLP on

On July 3rd, the 8th Circuit held that disparaging statements made by Jimmy John’s employees in a labor dispute were not entitled to National Labor Relations Act (“NLRA” or “The Act”) protections – because the actions were...more

Are Your Employees’ Personal Phone Numbers “Available” to You?

by Miles & Stockbridge P.C. on

In April of 2015, the National Labor Relations Board (“NLRB”) issued its new Election Rule (“Rule”) governing representation case procedures. The NLRB recently construed a portion of the Rule in a way which will make it more...more

Senate Introduces Own Version Of Bill To Restore National Labor Relations Board Election Procedures

by McGuireWoods LLP on

On Wednesday, June 14, 2017, Senator Lamar Alexander (R-TN) announced introduction of The Workforce Democracy and Fairness Act (S. 1350): A bill to amend the National Labor Relations Act with respect to the timing of...more

A Union Has Filed A Petition To Represent Your Employees: Make A List And Check It Twice!

by Jackson Lewis P.C. on

Several deficiencies in a voter eligibility list justified rerunning an election that the employer had won, the NLRB has held, 2-1 (Chairman Philip Miscimarra dissenting in part). RHCG Safety Corp., 365 NLRB No. 88 (June 7,...more

Labor Board Finds Employer Guilty Of “Textual Harassment” - Manager’s Text Message During Union Campaign Deemed Unlawful...

by Fisher Phillips on

In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more

NLRB's Quickie Election Rule Lives Up to its Name

You may remember that the NLRB issued its “quickie election rules” a little over two years ago. Those rules took effect in April 2015, and now we can clearly see that this is one law that actually lives up to its name. Prior...more

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