DE Under 3: Declining Union Membership & EEOCs First Year Results Under the Biden Administration
The union membership rate among private sector workers remained steady at 6% in 2023, according to a U.S. Bureau of Labor Statistics (BLS) news release. As the 2022 rate indicated, private sector union membership continues to...more
In the aftermath of a game-changing NLRB decision that drastically changed how employers can respond to union recognition demands, the Board’s General Counsel recently issued a guidance memorandum offering important insight...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
The National Labor Relations Board in 2023 has continued on its pro-union path in all areas of traditional labor law. Many of the NLRB’s actions are the result of the ongoing advice memos which are being issued by General...more
In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for unionized employers seeking to close...more
The Biden National Labor Relations Board has been very busy trying to undue the work of the Trump Board ever since Jennifer Abruzzo took over as NLRB General Counsel. In the latest maneuver, on November 3rd, the Board issued...more
In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of...more
On April 6, 2022, the National Labor Relations Board (“NLRB” or the “Board”) issued a press release recognizing the shockingly large surge in new union organizing. Specifically, during the first half of Fiscal Year 2022...more
President Biden, the self-described “most pro-union president,” is faced with the grim reality that despite his administration’s systematic efforts to boost union membership, union membership has, instead, fallen back to...more
Nuclear Fallout. U.S. Senate Majority Leader Chuck Schumer deployed the so-called “nuclear option” this week by seeking to eliminate the legislative filibuster as applied to election reform legislation. (This procedure is...more
This past month’s Amazon union election in Alabama received more national attention than any other union election since the Boeing election in South Carolina in February 2017. The press covered it very closely. Politicians...more
Last week, the NLRB’s General Counsel rolled back Trump-era financial disclosure requirements for unions. Even without a complaint, unions were required to explain fees charged to nonmembers. Now, beyond routine financial...more
As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more
Among the many rule changes recently announced by the National Labor Relations Board (NLRB) was one specifically limited to construction industry employers — and will prospectively rectify a 20-year interpretation that ran...more
The National Labor Relations Board restored its longstanding precedent involving an employer’s duty to bargain over discipline in a newly certified bargaining unit, ruling that employers have no obligation to negotiate with...more
While you have been primarily focused on COVID-19-related matters since mid-March, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there are...more
A union’s dues check off authorization card that unduly restricted an employee’s right to resign union membership violates Section 8(b)(1)(A) of the National Labor Relations Act (NLRA), the National Labor Relations Board’s...more
A recently released advice memorandum from the National Labor Relations Board’s Division of Advice found unlawful a union’s attempt to restrict individuals from resigning their union membership. In a July 2019 memorandum,...more
Similar to other disagreements between the NLRB and D.C. Circuit, a tension developed during the last several years regarding the appropriate standard to determine whether teachers at religious schools are covered by the NLRA...more
The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more
The National Labor Relations Board (NLRB) recently affirmed its 2014 decision in Purple Communications, Inc. and Communications Workers of America, AFL–CIO which held that if employees are granted access to their employer’s...more
Seyfarth Synopsis: The Board reaffirmed, prospectively, the Alan Ritchey doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated prospective...more
Many union employers insist on strong management clauses in their labor agreements. Such clauses contain language reserving for the employer the right to adopt new rules and regulations. A reasonable employer may assume that...more
The United States Court of Appeals for the Eighth Circuit (the “court”) (ConAgra Foods, Inc. v. NLRB, 813 F.3d 1079 (8th Cir. 2016)) recently overturned a decision of the National Labor Relations Board (the “NLRB”) which had...more
Unless you’ve been hibernating, hiding under a rock, or vacationing in a location without Wi-Fi reception, you may have noticed that the last several months have been kinder to labor unions than any in recent memory. Changes...more