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Union Representatives Employer Liability Issues

Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

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In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

FordHarrison

Don’t Let Unions Sink Their Teeth into Your Property Rights

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July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to...more

Fisher Phillips

Illinois Joins Trend to Ban “Captive Audience” Meetings: 5 Steps Employers Can Take to Comply

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Illinois just became the latest state to ban employers from holding mandatory meetings with employees concerning religious or political matters, including discussions on union representation. Such employer-sponsored meetings,...more

Morgan Lewis

NLRB Adopts Final Regulations to Restrict Employee Choice on Union Representation

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The National Labor Relations Board (NLRB or Board) on August 1 published a new rule addressing three distinct situations affecting employees’ rights to decide whether they want union representation (New Rule). The New Rule...more

Littler

NLRB Rescinds 2020 “Election Protection Rule”

Littler on

As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more

FordHarrison

EntertainHR: Workers of the Michael Scott Paper Company, Unite!

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As a proud Gen Xer, I cannot say that I watch anything on television that would be considered “new” or “current.” So when I had the flu recently, I turned to an old reliable and watched reruns of The Office (which, if you...more

Maynard Nexsen

OSHA Issues Guidance on Expanded “Walkaround Rule” That Potentially Allows Union Representatives in OSHA Inspections

Maynard Nexsen on

Representation Rights Under the OSH Act - On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule re-interpreting Section 8(e) of the Occupational Safety and Health Act (OSH...more

Fisher Phillips

Workplace Law Update: 12 Essential Items on Your May To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Epstein Becker & Green

OSHA’s New Walkaround Rule Potentially Grants Union Representatives Access to Safety Investigations

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On Friday, March 29, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule, effective May 31, that permits non-employees to accompany and advise OSHA officials during workplace safety and...more

Troutman Pepper

OSHA’s “Walkaround” Rule Allows Union Reps and Others Access to Private Worksites During Inspections

Troutman Pepper on

Q. Has OSHA issued any new rules addressing employees’ rights to have representation during an OSHA inspection at a private employer’s worksite? ...more

Ballard Spahr LLP

OSHA Finalizes ‘Walk around Rule’ Making it Easier for Union Representatives to Join Worksite Safety Inspections

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On April 1, 2024, the Occupational Safety and Health Administration (“OSHA”) published its final rule – known informally as the “walk around rule” – which makes two changes to its Representatives of Employers and Employees...more

Quarles & Brady LLP

Open Doors: Navigating OSHA’s New Walkaround Rule

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In the latest administrative move aligned with President Biden’s promise to be “the most pro-union president in American history,” on April 1, 2024, the Occupational Safety and Health Administration (OSHA) published its...more

Bond Schoeneck & King PLLC

O.S.H.A. Stands for…the Organizing Safety And Health Administration? OSHA’s New ‘Walkaround’ Rule Provides Entry Point for Unions

On May 31, 2024, the Occupational Safety and Health Administration’s (OSHA) new “Walkaround” rule will take effect. The amended rule (29 CFR 1903.8(c)) is a sea change for employers, as it was written with the intent of...more

Morgan Lewis

OSHA Issues Final ‘Walkaround Rule’ Giving Unions and Other Third Parties Access to Private Employer Worksites

Morgan Lewis on

A new rule from the US Occupational Safety and Health Administration (OSHA) affords unions, labor activists, and other third parties access to private worksites during workplace inspections....more

Benesch

OSHA Clarifies Employee Representative Rights in Workplace Inspections with New Rule

Benesch on

The U.S. Department of Labor recently published a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration (“OSHA”) compliance officer during an...more

Miller & Martin PLLC

Final Rule Clarifies Third-Party Employee Representatives May Accompany OSHA Officers During Inspections

Miller & Martin PLLC on

Through its final rule issued on April 1, 2024, OSHA is amending its Representatives of Employers and Employees Regulation. The final rule clarifies that a representative or representatives authorized by employees may be...more

Fisher Phillips

UPDATED: OSHA Issues Final Rule Allowing Union Walkthroughs of Union and Non-Union Worksites: Your 7-Step Survival Guide

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The Occupational Safety and Health Administration (OSHA) just finalized a rule that will allow workers to designate a union representative to accompany an OSHA inspector during a facility walkaround — regardless of whether...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

OSHA Rule Allowing Union Walkthroughs of All Worksites Moves Closer to Finalization: Your 7-Step Survival Guide

Fisher Phillips on

The Occupational Safety and Health Administration (OSHA) is close to finalizing a rule that will allow workers to designate a union representative to accompany an OSHA inspector during a facility walkaround — regardless of...more

Parker Poe Adams & Bernstein LLP

Internal Employee Grievance Committees Can Violate Federal Labor Laws

When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more

Lathrop GPM

NLRB Clears Path for Union Representation Without an Employee Vote

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For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General...more

Epstein Becker & Green

New York State Bans Workplace “Captive Audience” Meetings

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On September 6, 2023, Governor Kathy Hochul signed into law Senate Bill 4982 and Assembly Bill 6604, which amends Section 201-D of the New York Labor Law to prohibit most employers from requiring non-managerial and...more

Robinson+Cole Construction Law Zone

Construction Employers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including construction employers, without a secret ballot election.  Initially, it is important to understand that this new...more

Burr & Forman

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

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For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Burr & Forman

DOL Publishes Proposed Rule to Allow Third-Party & Union Participation in OSHA Walkthroughs

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The Occupational Safety & Health Administration (“OSHA”) can conduct inspections for several reasons, including as a response to an employee complaint, after the report of a fatality or injury, and in accordance with an...more

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