News & Analysis as of

Union Representatives Unions Employer Liability Issues

Miller Nash LLP

NLRB Overrules Longstanding Position on Captive Audience Meetings and Employer Statements During Unionizing Efforts

Miller Nash LLP on

The National Labor Relations Board (the “Board”) issued two decisions in recent days that substantially deviate from its prior decisions in Babcock & Wilcox Co., 77 NLRB 577 (1948) and Tri-Cast, Inc., 274 NLRB 377 (1985)...more

Morgan Lewis

NLRB Restrains Employer Speech, Finds Captive-Audience Meetings Unlawful

Morgan Lewis on

A split National Labor Relations Board recently issued its decision in Amazon.com Services LLC, ruling an employer violates the National Labor Relations Act by mandating employees attend a meeting in which the employer...more

Foley Hoag LLP

NLRB Finds Employers May Violate Federal Labor Law by Making Statements about Union’s Impact on Employee-Employer Relations

Foley Hoag LLP on

On November 8, 2024, the National Labor Relations Board (“NLRB” or the “Board”) released its decision in Siren Retail Corp., 373 NLRB No. 135, holding that employers may violate the National Labor Relations Act (“NLRA” or the...more

Fisher Phillips

The End of Mandatory Captive Audience Meetings? 5 Tips for Adapting to the NLRB’s Latest Departure from Decades of Past Precedent

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The National Labor Relations Board just banned mandatory employee meetings for purposes of discussing the subject of union representation – so-called “captive audience” meetings – and placed new restrictions on an employer’s...more

Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on

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

FordHarrison on

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

Fisher Phillips on

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

Morgan Lewis on

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!

FordHarrison on

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

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

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

Fisher Phillips

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

Fisher Phillips on

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

Lathrop GPM on

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

Epstein Becker & Green on

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

Burr & Forman on

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

Epstein Becker & Green

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Miller Nash LLP

NLRB Turns Union Representation Process Upside Down, Preferring Card Check Recognition Over Elections: Practical Considerations...

Miller Nash LLP on

WARNING TO ALL PRIVATE NONUNION EMPLOYERS In a crucial case for nonunion employers, the National Labor Relations Board (NLRB) has upended the rules governing how a workplace becomes unionized. Now, employers can be obligated...more

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