News & Analysis as of

Union Elections Coronavirus/COVID-19

Husch Blackwell LLP

Legal Insights for Manufacturing: Outlook for 2024

Husch Blackwell LLP on

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report...more

Sheppard Mullin Richter & Hampton LLP

Back to Normal, Almost – NLRB General Counsel Issues Updated Guidance on Suggested Manual Election Protocols and Push for Manual...

On May 16, 2023, National Labor Relations Board General Counsel Jennifer Abruzzo (the “GC”) issued revisions to her original July 6, 2020 memorandum of suggested manual election protocols for use during the COVID-19 pandemic,...more

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

Beltway Buzz - February 2023

The Pandemic Is Dead! Long Live the Pandemic! This week, the U.S. House of Representatives passed a resolution to immediately end the COVID-19 national emergency, as well as a bill to end the COVID-19 public health emergency....more

Jackson Lewis P.C.

Top Five Labor Law Developments for October 2022

Jackson Lewis P.C. on

1. The National Labor Relations Board modified its test for determining if COVID-19-related conditions warrant mail ballot union elections, potentially signaling a return to mostly in-person votes. Starbucks Corp., 371 NLRB...more

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

The NLRB’s Latest Mail-Ballot Election Decision Provides Some Light at the End of the Tunnel

​​​​​​​It has been almost two years since the National Labor Relations Board (NLRB) issued its decision in Aspirus Keweenaw in 2020, setting forth the standards that Regional Directors use to determine the efficacy of...more

Epstein Becker & Green

NLRB Offers New Guidance on When It Will Hold an In-Person Election – Replaces Positivity Metric with CDC Tracker

Epstein Becker & Green on

The National Labor Relations Board (“Board”) isn’t giving up on pandemic related mail ballots in representation elections any time soon. On September 29, 2022, in a decision concerning an election at a Seattle area Starbucks,...more

Proskauer - Labor Relations Update

Board Updates Considerations For When Regional Directors May Order Mail-Ballot Elections

A significant change to the manner in which representation elections have been conducted during the COVID-19 pandemic is the increased frequency of mail-ballot elections – whereas, previously, such elections were extremely...more

Snell & Wilmer

NLRB Union Election Guidelines Realigned

Snell & Wilmer on

Yesterday, the National Labor Relations Board (NLRB or Board) issued a decision realigning guidance on when a union election should occur by mail. Going forward, the new standard will make it less likely that union elections...more

DirectEmployers Association

OFCCP Week In Review: July 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

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

Beltway Buzz - July 2022 #3

EEOC Updates COVID-19 Guidance. On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 guidance as it relates to the testing of employees in the workplace. Since the start of the pandemic, the...more

K&L Gates LLP

Global Employer Guide - 2022

K&L Gates LLP on

We are pleased to make available this year's edition of the Global Employer Guide. Created to complement our Global Employer Solutions® service, the guide provides a concise, easy to read summary of employment law across...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

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

Beltway Buzz - July 2021 #4

Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more

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

Beltway Buzz - July 2021

Last Week Today - Here is a quick rundown of some of the labor and employment policy developments we missed last week while at Workplace Strategies in Austin, Texas (be sure to join us next year for the program at the...more

ArentFox Schiff

NLRB Finds Solicitation of Mail-In Ballots Could Set Aside an Election

ArentFox Schiff on

On June 9, 2021, in Professional Transportation, Inc., 370 NLRB No. 132 (2021), the National Labor Relations Board held that the offer of Local 1077 of the United Electrical, Radio & Machine Workers to handle or collect an...more

DirectEmployers Association

OFCCP Week In Review: June 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Proskauer - Labor Relations Update

Hands Off My Ballot: NLRB Finds that Solicitation of Mail-Ballots is Objectionable Conduct That May Warrant Setting Aside an...

Since the onset of the COVID-19 pandemic, mail-ballot elections—rather than manual, in-person elections, have been mandatory for most NLRB representation elections. The NLRB’s recent ruling, on June 9, 2021, in Professional...more

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

Beltway Buzz - March 2021

Biz Groups Are a “No” on PRO. As the Buzz mentioned last week, the U.S. House of Representatives is teeing up a vote on the Protecting the Right to Organize (PRO) Act of 2021 (H.R. 842/S. 420) to occur sometime next week. In...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

McAfee & Taft

As pandemic continues, NLRB guidance paves way for more mail ballot elections

McAfee & Taft on

Elections for union representation have long been conducted in-person and with manual ballots.  The National Labor Relations Board has a strong preference for in-person representation elections.  However, the COVID-19...more

Perkins Coie

NLRB Provides Employers with New Manual Election Standards

Perkins Coie on

Employers facing union representation elections have spent the pandemic trying to satisfy the National Labor Relations Board’s (Board) requirements to hold a manual, ballot box election, only to be refused in the vast...more

Snell & Wilmer

Mail or In-Person Voting? The NLRB Issues Guidance on Representation Elections During the COVID-19 Pandemic

Snell & Wilmer on

Background - As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n,...more

Proskauer - Labor Relations Update

NLRB Establishes Pathway to Holding More In-Person Manual-Ballot Elections during the COVID-19 Pandemic

As employers faced with a representation petition filed during the COVID-19 pandemic can attest, Regional Directors of the National Labor Relations Board have been incredibly reticent to hold in-person elections. Indeed,...more

Proskauer - Labor Relations Update

No Reasonable Expectation of Recall? No Election: Board Cancels Union Election at Casino Closed During COVID-19

The National Labor Relations Board recently cancelled a union election at a Las Vegas casino that suspended its operations and laid off employees amid the COVID-19 pandemic. In NP Texas LLC d/b/a Texas Station Gambling Hall...more

White and Williams LLP

Despite NLRB’s Guidance Enhancing Safety Protocols for In-Person Union Representation Elections, Mail Balloting Predominates

White and Williams LLP on

The National Labor Relations Act allows workers to form unions and negotiate job terms and conditions with their employers. In normal circumstances, workers vote on whether to unionize via physical, in-person elections...more

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