Category Archives: Representation Elections

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Ambush Election Rules Fall Into Noel Canning Abyss As Court Puts Hold On Decision

By Mark Theodore on February 20th, 2013 Posted in NLRA, NLRB, Recess appointments, Representation Elections, Rulemaking

The fallout from Noel Canning has been felt far and wide. The DC Circuit Court’s January 25, 2013 decision certainly put all NLRB decisions made since January 4, 2012 (the date Members Block and Griffin received their recess appointments) in jeopardy. All cases on appeal to the DC Circuit involving panels which included Block and Griffin have… Continue Reading

NLRB’s Efforts To Advance Ambush Election Rules Rebuffed, Again

By Mark Theodore on July 27th, 2012 Posted in NLRB, Representation Elections, Rulemaking

If only everyone had just showed up and voted we wouldn’t be in this mess. As previously reported, the NLRB’s attempt to promulgate the so-called ambush election rules was dealt a setback when a federal district court ruled in May that the Board did not have a quorum at the time the vote was held. Undaunted,… Continue Reading

Micro Union Case Hits Federal Court Of Appeals

By Mark Theodore on April 23rd, 2012 Posted in Bargaining units, NLRA, NLRB, Non-Union employers, Representation Elections, Rulemaking, Section 9(b), Section 9(c)(5)

One of the NLRB’s most sweeping decisions in decades, Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (August 26, 2011).pdf, has reached a federal appeals court, as the employer seeks to have the decision overturned. As we have previously discussed, the Board in this case established the micro union standard, where the bargaining unit sought by a… Continue Reading

Court Strikes Down Portions Of NLRB Notice Posting Rules

By Mark Theodore on March 2nd, 2012 Posted in Employer policies, NLRA, NLRB, Protected activity, Representation Elections, Rights Poster, Rulemaking, Section 7, Section 8(a)(1), Unfair Labor Practices

A federal judge in the District of Columbia handed employers a significant partial victory in the ongoing skirmish over the NLRB’s attempts to require all employers under its jurisdiction to post a notice of employee rights. As we have noted previously, the NLRB postponed the original November 14, 2011 compliance date, only to postpone it… Continue Reading

Employer Meetings, Election Site The Next Targets Of NLRB?

By Mark Theodore on February 9th, 2012 Posted in Employer policies, Handbook, NLRA, NLRB, Objectionable Conduct, Representation Elections, Solicitation

It’s been a quiet few weeks for the NLRB. Since January 1, the NLRB has issued only a small number of decisions, none of which appear to be noteworthy. There are, of course, many developments that are in process. For example, we still do not know the full effect of the NLRB’s decision in Specialty… Continue Reading

NLRB To “Vote” On Quickie Election Rules November 30

By Mark Theodore on November 18th, 2011 Posted in Bargaining units, Due Process, NLRA, NLRB, Non-Union employers, Representation Elections, Rights Poster, Rulemaking, Section 9(b), Section 9(c)(5)

The NLRB announced today that it was going to hold a vote on its proposed regulations to upend the well established and longstanding representation case procedures. According to the NLRB’s announcement today, the vote is over “whether to adopt a small number of amendments” proposed earlier this year. This may well be the understatement of… Continue Reading

Blizzard part 2: NLRB Reverses Dana and MV Transportation

By Mark Theodore on August 30th, 2011 Posted in Bargaining units, Decertification elections, NLRA, NLRB, Representation Elections, Section 9(a)

The scope of the blizzard is becoming more defined as the NLRB rolls out decisions it reached in the waning days of Chairman Liebman’s term. As previously reported on this blog, the NLRB was considering reversing Dana Corp, 351 NLRB 434 (2007) where it held that employees who become represented by a union pursuant to… Continue Reading

Blizzard begins: NLRB Adopts Micro Union Standard

By Mark Theodore on August 30th, 2011 Posted in Bargaining units, Healthcare Employers, NLRA, NLRB, Representation Elections, Section 9(b), Section 9(c)(5)

As previously discussed, the impending departure of Chairman Liebman, as well as the coming of the end of the NLRB’s fiscal year, made it highly likely we would see some significant decisions issued by the agency. Chairman Liebman departed after fourteen years on Saturday, but not before having one last word about her critics. The New York Times’ Steven Greenhouse captured perfectly a… Continue Reading

NLRB: All Employers Must Post Notice Informing Employees Of Rights Under NLRA

By Mark Theodore on August 25th, 2011 Posted in Employer policies, NLRA, NLRB, Representation Elections, Rulemaking, Section 7

Concluding that “many employees protected by the NLRA are unaware of their rights under the statute,” the NLRB today issued a Final Rule today on Notification of Employee Rights under the National Labor Relations Act.pdf. As of November 14, 2011, all employers falling under NLRB jurisdiction will be required to post a notice the content… Continue Reading

NLRB Quickie Election Rules Closer To Reality As Comments Are Filed

By Mark Theodore on August 23rd, 2011 Posted in Bargaining units, NLRA, NLRB, Representation Elections, Rulemaking, Section 9(b)

The NLRB’s initiative to upend the well-established, and by its own declarations ”outstanding”, representation election procedures took one step closer to reality yesterday when the initial period for filing comments on the proposed rules closed. As I noted previously in this blog, the ”quickie” or “ambush” elections contemplated by the NLRB’s proposed rules represent an attempt to introduce sweeping change when… Continue Reading

Handbook Rules Alone May Overturn Decertification Election: NLRB

By Mark Theodore on April 4th, 2011 Posted in Buttons, Decertification elections, Handbook, Loitering, NLRB, Objectionable Conduct, Solicitation

The NLRB continues its march to expand the influence of unions in the workplace, this time revisiting an issue that has been the subject of much litigation over the years. In a recent decision in Jurys Boston Hotel, 356 NLRB No. 114 (March 28, 2011).pdf the NLRB ruled (2-1, no surprise Member Hayes dissented) that the… Continue Reading

Briefs filed in NLRB’s Specialty Healthcare case

By Mark Theodore on March 9th, 2011 Posted in Bargaining units, NLRA, NLRB, Representation Elections, Section 9(b), Section 9(c)(5)

What a difference a few months can make. Last December, in Specialty Healtcare and Rehabilitation of Mobile the NLRB invited interested parties to file briefs to consider a number of questions about whether it should consider adopting a new “one size fits all” rule for bargaining units in nursing homes (called “nonacute care” facilities). The case… Continue Reading