News & Analysis as of

Unions Union Membership Collective Bargaining

Amundsen Davis LLC

Union Membership Drops to an All Time Low (Again)

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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

Bradley Arant Boult Cummings LLP

Labor Board Maintains Course with Pro-union Agenda

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

Littler

Michigan Repeals Right-to-Work Law

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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

Littler

Illinois Passes Workers’ Rights Amendment

Littler on

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

Frantz Ward LLP

NLRB Proposes to Roll Back Its 2020 Rule Regarding Removal of a Union

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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

CDF Labor Law LLP

Possible Ramifications of Amazon Union Vote

CDF Labor Law LLP on

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

Jackson Lewis P.C.

NLRB Construction Rule Change Closes Union-Recognition Loophole, But Avoids Remedying Past Wrongs

Jackson Lewis P.C. on

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

Fisher Phillips

Total (Security) Recall: Labor Board Returns To Historical Precedent And Allows Discipline Of Newly Organized Union Members

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rejects Nonunion Employees’ Challenge to Unions’ Exclusive Representation of Unit Employees...

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 Shaw LLP

How Will Organized Labor Reorganize?

Seyfarth Shaw LLP on

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 Shaw LLP

NLRB Reaffirms Alan Ritchey Doctrine with New Make-Whole Twist

Seyfarth Shaw LLP on

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

Foley & Lardner LLP

Have a Management Rights Clause? It May Not Save You from Bargaining with the Union

Foley & Lardner LLP on

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

Fisher Phillips

Swipe Right For Unions? Companies Should Brace Themselves For Labor Organizing Version 2.0

Fisher Phillips on

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

Franczek P.C.

NLRB Division of Advice Clarifies Duty to Bargain with Newly Certified Union over Discipline

Franczek P.C. on

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

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