DE Under 3: Declining Union Membership & EEOCs First Year Results Under the Biden Administration
Despite head-turning decisions issued in recent years by the National Labor Relations Board (NLRB) designed to help labor unions in their organizing efforts, a concentrated government push towards union-only Project Labor...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 2012, Michigan enacted a right-to-work statute that prevented employees from being forced to join or financially support a labor union as a condition of employment. On Friday, March 24, 2023, Michigan became the first...more
On November 8, 2022, Illinois voters approved the Illinois Constitution Amendment 1 (the “Workers’ Rights Amendment” or the “Amendment”), which amends the state constitution to guarantee workers a broad right to collective...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
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
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
In Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466 (June 27, 2018), the Supreme Court of the United States significantly expanded the rights of nonunion public employees by...more
Seyfarth Synopsis: Unions represent only 6.5% of all private sector employees. However, rather than focusing on the past and why its fortunes have declined, a more interesting question may be what organized labor is...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
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
Last week, the National Labor Relations Board’s Division of Advice issued a memorandum in which it clarified an employer’s duty to bargain with a newly certified union regarding the discipline of union-represented employees...more