A divided three-judge panel of the D.C. Circuit Court of Appeals partially affirmed a federal district court’s decision to vacate part of a rule issued by the National Labor Relations Board (the “Board”) in 2019 that eliminated several “quickie” representation election procedures established by a 2014 rule (the “2014 rule”).
elections
Union Representation Petitions Increase by Astonishing 57% in the First Half of FY 2022
By Steven Porzio & Melissa C. Felcher on
On April 6, 2022, the National Labor Relations Board (“NLRB” or the “Board”) issued a press release recognizing the shockingly large surge in new union organizing. Specifically, during the first half of Fiscal Year 2022 (October 1, 2021 to March 31, 2022), the NLRB reported that union representation petitions increased…
Employer’s Campaign Prediction That Employees Would Have To Join Union And Pay Dues As Condition Of Employment Not Coercive, NLRB Majority Rules
By Mark Theodore on
The NLRB currently is churning out cases and Advice Memoranda at a fairly regular pace. We recently discussed NLRB decisions addressing information requests, handbook statements, and confidential informants.
An interesting area of NLRB case law concerns campaign statements,–statements made by employer representatives during an organizing campaign. When there…
NLRB Prepared (Sort Of) For Government Shutdown
By Mark Theodore on
The shutdown of the federal government has reached many facets of society, including the NLRB. The agency for all intents and purposes closed within a day of the lapse in funding, with Board agents throughout the country sending e-mails and letters to parties informing them case handling had been suspended…
Duty To Provide Employee Witness Names And Pro-Union Supervisory Election Interference On This Week’s NLRA Fare
By Mark Theodore on
The slow pace at the NLRB continues this Spring, as only one or two decisions are issued each week. Recent decisions, one from the NLRB and one from the District of Columbia Court of Appeals, are worth noting because they illustrate recurring themes under the NLRA.
Protecting The Identity …
Employer Meetings, Election Site The Next Targets Of NLRB?
By Mark Theodore on
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…
Regulatory Two-Step – DOL and NLRB Announce Proposed Rules Limiting Employer Communications with Employees Regarding Union Representation
By Ronald Meisburg on
This week federal labor agencies have launched two proposed rulemakings of significance. Both may have a substantial impact on the substance and process of employer communications with employees on the issue of union representation.
First, the U.S. Department of Labor, Office of Labor-Management Services, announced a notice of proposed rule…