Of all the changes to the law the NLRB has made in the last several years, the most significant involve how the agency determines bargaining units. For example, the NLRB’s decision in Specialty Healthcare drastically altered the manner in which bargaining units were determined by the Regional Directors and the
ambush election rules
NLRB Overturns Election Win For Employer That Failed To Timely Serve Voter List (Even Though Union Received List In Timely Fashion)
By Mark Theodore on
The NLRB is down to three members, the bare minimum required to conduct business, and so cases are being issued somewhat sporadically.
The so-called ambush election rules have received a lot attention over the last few years. We recently discussed here a case where the NLRB found that a union…
NLRB Enforces Ambush Election Rules…..Then Finds Way Around Them
By Mark Theodore on
There has been a lot of hype about the so-called NLRB ambush election rules. These are, of course, the NLRB’s take on fixing what it deemed a broken secret ballot election scheme, one allegedly marred by employers gaming the system to delay a secret ballot election. Of the many new…
Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments
By Mark Theodore on
The NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and perhaps in the years prior) were unconstitutional. The decision of the appeals court has cast a great…