News & Analysis as of

Union Organizers NLRB General Counsel

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Littler

NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining

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The National Labor Relations Board’s general counsel recently published a memo, along with other resources, to clarify parts of the Board’s recent decision dealing with union organizing demands for bargaining orders.1 The...more

Fox Rothschild LLP

NLRB's New Framework for Union Organizing Puts Employers at a Severe Disadvantage

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The National Labor Relations Board has issued a groundbreaking decision that jettisons 50 years of established law to provide unions a more favorable framework to organize nonunion companies. On the heels of new rules...more

Morgan Lewis

New NLRB Rules Favor Mandatory Union Recognition & Limit Employee Voting in Secret-Ballot Elections

Morgan Lewis on

The National Labor Relations Board drastically changed the process for unions seeking recognition of most private sector employees in the United States. Abandoning 50 years of established law, in Cemex Construction Materials...more

Benesch

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

Benesch on

In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

Amundsen Davis LLC

NLRB Continues to Take Control From Employers Resisting Union Efforts

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The National Labor Relations Board, as currently constituted, continues its efforts to kneecap employers who dare to resist unionization efforts. We have already seen NLRB General Counsel, Jennifer Abruzzo’s, scorched-earth...more

Fisher Phillips

7 Things Employers Couldn’t Say About Unions if NLRB’s General Counsel Has Her Way

Fisher Phillips on

When the National Labor Relations Board’s General Counsel stealthily released a series of older Advice Memoranda at the end of January, she sent a not-so-subtle hint to employers: the Board will soon be taking a tougher...more

Polsinelli

“Outlook Not So Good” – An Employer’s Guide to the NLRB’s 2023 Agenda

Polsinelli on

“Should Employers have any hope for impartiality and good decisions from the National Labor Relations Board (“NLRB” or the “Board”) in 2023?”  Posed to the old Magic 8 Ball, the answer is “Don’t count on it.”...more

Miller Nash LLP

The NLRB Reawakened: Part One—New Obstacles to Settlement of Unfair Labor Practices

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On September 15, 2021, National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 21-07 (“Full Remedies in Settlement Agreements”), which urges the Regions to seek remedies in the settlement of...more

Jackson Lewis P.C.

Top Five Labor Law Developments for June 2022

Jackson Lewis P.C. on

1. The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022)....more

Jackson Lewis P.C.

Top Five Labor Law Developments for May 2022

Jackson Lewis P.C. on

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

ArentFox Schiff

NLRB’s General Counsel Continues Her Reimagination of Longstanding Board Precedents Governing Employers’ Rights During Union...

ArentFox Schiff on

In her recently-filed brief to the National Labor Relations Board (NLRB or Board) in Cemex Construction, 28-CA-230115, NLRB General Counsel, Jennifer Abruzzo, continues her campaign to significantly curtail longstanding...more

Proskauer - Labor Relations Update

General Counsel Abruzzo Looks to Overturn Board Precedent Again: This Time, Seeking to Broaden Union Access to Public Spaces

In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more

Stevens & Lee

Dos, Don’ts and Takeaways for Employers: Navigating Increased NLRB Scrutiny Over Union Organizing Activity

Stevens & Lee on

Facing a union organization drive in its stores around the Buffalo, NY, Starbucks was issued a complaint by the National Labor Relations Board (the NLRB “Board”) on May 6, 2022. The complaint asserts that Starbucks...more

Fisher Phillips

Top NLRB Lawyer Aims to Impose Union Recognition Through ‘Card Check’ Process

Fisher Phillips on

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

Stinson LLP

Are Captive-Audience Meetings and Secret-Ballot Elections About to Vanish?

Stinson LLP on

Uncertainty looms as NLRB General Counsel seeks to upend a combined 127 years of settled labor law to help unions organize workplaces Labor law has long been somewhat prone to uncertainty and inconsistency. - Each new...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Seeks to Reinstate Radical Standard for Union Recognition and Restrict Employer Free Speech During Corporate...

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

Amundsen Davis LLC

“Card Check 2.0” — NLRB General Counsel Seeks to Resurrect Long-Dead Joy Silk Doctrine to Help Unions Organize Employees

Amundsen Davis LLC on

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

ArentFox Schiff

Rough Waters Ahead: NLRB General Counsel Seeks to Bar Employer-Mandated Meetings to Discuss Union Organizing

ArentFox Schiff on

Buckle up, it’s about to get choppy. Employers sailing in National Labor Relations Board (NLRB or Board) waters have come to expect rough seas. By one estimate, the Board overturned more than 4,500 cumulative years of...more

Fox Rothschild LLP

NLRB GC Seeks to Curtail Employers’ Defenses to Union Organizing Amidst Huge Increase in Union Election Petitions

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On April 6, the National Labor Relations Board announced that union representation petitions filed with the agency during the first six (6) months of the fiscal year had increased 57% from the previous year....more

Stevens & Lee

NLRB May Outlaw Captive Audience and Other Mandatory Meetings

Stevens & Lee on

On April 7, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo circulated a memorandum to all Field offices, expressing her intention to ask the Board to deem “captive audience meetings,” where...more

Amundsen Davis LLC

Big Labor is Targeting Banks and Credit Unions??

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Although labor unions have historically not targeted banks and credit unions for organizing, desperate times call for desperate measures as union membership continues to fall in the United States with only 6.1% of the...more

Jackson Lewis P.C.

Top Five Labor Law Developments for February 2022

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1. The National Labor Relations Board (NLRB) General Counsel directed NLRB regions to seek preemptive injunctions for alleged unlawful threats during union campaigns. NLRB General Counsel Jennifer Abruzzo issued a memorandum...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

Sherman & Howard L.L.C.

Amazon Labor Settlement Signals Shifting Seas?

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There has been no shortage of news on labor drives at Amazon, the eCommerce giant with over 1.2 million employees. Earlier this year, we reported on one of Amazon’s most notable victories at an Alabama facility—a labor drive...more

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