Labor Relations Update

Tag Archives: Representation Elections

Here We Go Again: NLRB Foreshadows A Potential Return To Micro-Units

By Joshua Fox, Mark Theodore and Timothy Kelly on Posted in Uncategorized
The ability to form smaller bargaining units by breaking up larger aspects of an employer’s organization—sometimes called “micro-units”—is generally seen as an effort to enhance the ability of unions to gain entry into an employer by making it easier to organize.  Those opposed to the practice, including both employers and trade groups, contend that carving … Continue Reading

NLRB Establishes Pathway to Holding More In-Person Manual-Ballot Elections during the COVID-19 Pandemic

By Mark Theodore, Joshua Fox and Yonatan Grossman-Boder on Posted in Uncategorized
As employers faced with a representation petition filed during the COVID-19 pandemic can attest, Regional Directors of the National Labor Relations Board have been incredibly reticent to hold in-person elections.  Indeed, since April 1st, when the Board resumed processing representation petitions, approximately ninety percent (90%) of elections have been held by mail rather than in-person.  … Continue Reading

NLRB General Counsel Announces “Suggested” Protocols for Conducting Manual, In-Person Elections Amidst the COVID-19 Pandemic

By Mark Theodore, Joshua Fox and Elizabeth Dailey on Posted in Uncategorized
After a brief delay where the NLRB suspended all representation elections from March 19 through April 6, 2020 (see here and here), NLRB Regional Directors have since largely required elections to be held via mail ballot to curb the spread of COVID-19. Earlier this week, the Office of the General Counsel of the NLRB published … Continue Reading

Update: Federal Judge Amends Prior Order Concerning 2019 Election Rules, Affording Deference to the NLRB, but Appeal to D.C. Circuit Remains

By Mark Theodore, Joshua Fox and Elizabeth Dailey on Posted in Uncategorized
In late May, on the eve of the effective date of the NLRB’s sweeping changes to the election process, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia held that certain of the new rules were substantive—not procedural—in nature, and were improperly implemented without affording the public an opportunity to … Continue Reading

NLRB Establishes Bright-Line Test Denying Jurisdiction over Religious Educational Institutions

By Mark Theodore, Joshua Fox and Eric Novak on Posted in NLRA, NLRB, Section 7
We have seen this movie before.  NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board.  Then the current iteration of the Board reverses its own precedent and sides with the D.C. Circuit.  This situation occurred recently with regard to whether the “clear and … Continue Reading

Breaking: Federal Court Strikes Down New NLRB Rules on Representation Election Procedures; Implementation Delayed and Status of the Rules Uncertain

By Michael Lebowich, Joshua Fox and Heylee Bernstein on Posted in NLRB Election Rules, Representation Elections
After an initial COVID-19 related delay, the sweeping new NLRB representation election rules that reversed the Obama-era “quickie” election process were about to go into effect on May 31, 2020.  However, an eleventh-hour district court order struck down a significant portion of the rule as unlawfully implemented for failing to follow proper administrative procedure, casting … Continue Reading

BREAKING: NLRB Announces Representation Elections Will Resume April 6, 2020

By Mark Theodore and Scott Tan on Posted in NLRA, NLRB, Representation Elections
On March 19, 2020, the NLRB announced that it was suspending all representation elections through April 3, 2020.  The Board stated that the suspension was necessary to ensure the safety of its own employees, as well as those members of the public involved in the elections. Today, the Board announced that it will not extend … Continue Reading

NLRB Suspends Representation Elections through April 3, 2020 due to COVID-19 Pandemic

By Michael Lebowich and Joshua Fox on Posted in Coronavirus, NLRA, NLRB, Representation Elections
The NLRB announced today in a press release that “[d]ue to the extraordinary circumstances related to the COVID-19 pandemic,” all representation elections, including mail ballot elections, will be suspended for the next two weeks, through and including April 3, 2020.  This means that any representation elections previously scheduled from now through April 3, 2020 will … Continue Reading

“Micro-Units” Eliminated: NLRB Overturns Specialty Healthcare

By Michael Lebowich and Lee Douthitt on Posted in Bargaining units, NLRA, NLRB, Representation Elections, Specialty Healthcare
Adding to the list of falling precedents in the waning days of Chairman Miscimarra’s term, on Friday, the NLRB reversed another of the seminal decisions of the Obama-Board when it overruled the highly controversial Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB 934 (2011) decision.   The 3-2 decision in PCC Structurals, Inc., 365 NLRB … Continue Reading

NLRB Hints That “Ambush” Election Regulations May Be Rescinded

By Mark Theodore on Posted in Bargaining units, NLRA, NLRB, NLRB Election Rules, Representation Elections, Rulemaking
Things are moving fast and furiously at the NLRB.  Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent from the last eight years that may be overturned. This week the NLRB posted a Request For Information on its … Continue Reading

NLRB Upholds One Election, Overturns Another In Pair Of Decisions

By Mark Theodore on Posted in NLRA, NLRB, Objectionable Conduct, Representation Elections, Uncategorized
The very real questions about the NLRB’s decision-making authority may have finally slowed the agency down.  We have come to expect over the last few years, a relentless expansion of NLRB authority and reach, especially given the December timeframe when all sorts of surprises seem to come out of the agency.  So, it is somewhat noteworthy … Continue Reading

Federal Court Invalidates Ambush Election Rules, Dealing NLRB Yet Another Setback

By Mark Theodore on Posted in NLRB, Rulemaking
The NLRB’s agenda for bringing about massive change despite severe opposition continues to be stalled by legal challenges.  Last month, the Board’s employee rights poster notice rule was invalidated.  Now, a month later, a federal judge in the District of Columbia has ruled that the ambush election rules, which were adopted in December, and went … Continue Reading

NLRB To “Vote” On Quickie Election Rules November 30

By Mark Theodore on 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 begins: NLRB Adopts Micro Union Standard

By Mark Theodore on 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 Quickie Election Rules Closer To Reality As Comments Are Filed

By Mark Theodore on 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

NLRB Member Hayes Dissents in Representation Case Involving Threats of Violence by Pro-Union Employees

By Ronald Meisburg on Posted in Uncategorized
National Labor Relations Board Member Brian Hayes submitted a vigorous dissent in a recently decided case about whether the results of a union certification election should be set aside because of third party threats made to employees during the pre-election period. In Mastec Direct TV, 356 NLRB No. 110, the Board voted 2 to 1 … Continue Reading

Is the NLRB on the Verge of Electronic Voting?

By Ronald Meisburg on Posted in Uncategorized
Last week the National Football League filed of an unfair labor practice charge with the National Labor Relations Board alleging that the National Football League Players Association had failed to bargain in good faith for a new collective bargaining agreement.  One issue involved in the charge is the NFLPA’s threat to decertify following the expiration … Continue Reading
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