On February 1, 2022, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB”) announced a new initiative encouraging NLRB Regions to seek injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA” or “Act”) where workers have alleged unlawful threats or other coercion by employers during
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Here We Go Again: NLRB Foreshadows A Potential Return To Micro-Units
By Joshua Fox, Mark Theodore & Timothy Kelly on
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…
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 Quickie Election Rules Closer To Reality As Comments Are Filed
By Mark Theodore on
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 …