Fredrikson & Byron, P.A. • January 09, 2012

On November 30, 2011, the National Labor Relations Board (the NLRB or Board) approved a resolution to adopt new rules affecting the processing of petitions for elections to determine whether employees want to become unionized. The Board currently is drafting the actual language of the proposed new rules.

The Kullman Firm • January 04, 2012

The NLRB has agreed to postpone the effective date of the employee rights notice-posting rule to April 30, 2012, after a federal court in Washington, DC, requested postponement. This action came as a result of two lawsuits filed by the National Association of Manufacturers and the National Federation of Independent Business, which challenge the NLRB‘s authority to require that the notices be posted. The Board determined that postponing the effective date would facilitate the resolution of the legal challenges that have been filed against the rule. The original posting requirement date for the notice was November 14, 2011, but was postponed until January 31, 2012. Now, the NLRB has again postponed the effective date of the posting requirement to April 30, 2012.

Ogletree Deakins • January 03, 2012

As most employers now are aware, on August 25, 2011, the National Labor Relations Board (NLRB) announced its final rule related to the Notification of Employee Rights under the National Labor Relations Act (NLRA). Under that rule, private-sector employers whose workplaces fall under NLRA jurisdiction will be required to post a notice of employee rights regarding unionization. The final rule requires employers to post and maintain the NLRB notice in conspicuous places, and to take “reasonable steps� to ensure that the notices are not altered, defaced, or covered by any other material, or otherwise rendered unreadable.

Ballard Rosenberg Golper & Savitt • January 02, 2012

The National Labor Relations Board has postponed to April 30, 2012 the implementation date of its rule requiring most private sector employers to post a notice advising employees of their rights to unionize the workforce.

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC • January 02, 2012

On December 23, the National Labor Relations Board (NLRB) announced that it is postponing until April 30, 2012, a requirement for employers subject to NLRB jurisdiction to post a notice informing employees of their federal labor law rights.

Cooley Godward Kronish LLP. • December 29, 2011

After months of deliberation and comment, the National Labor Relations Board (the "NLRB" or the "Board") has adopted a final rule amending its election case procedures. The amendments were drawn from a more comprehensive (and controversial) proposal put forward by the NLRB in June. The new rule will take effect on April 30, 2012.

Fisher & Phillips, LLP • December 28, 2011

As we notified our clients several months ago, the NLRB recently issued a new notice-posting requirement, mandating that employers post an oversized (11" x 17") Notice of Employee Rights. See our August 25 Legal Alert. Because of the pressure of legal actions challenging the new rule, the implementation date was first pushed back from November 9 to January 31, which we noted in an updated Legal Alert on October 6.

Franczek Radelet P.C • December 28, 2011

On December 23, the National Labor Relations Board announced that it was postponing the effective date of its rule requiring covered employers to post a notice informing employees of their rights under the National Labor Relations Act. You can read the NLRB's press release here. The notice posting requirement was scheduled to take effect on January 31st, but has now been pushed back to April 30, 2012.

Jackson Lewis LLP • December 28, 2011

The National Mediation Board’s new union election rule making it easier for unions in the rail and air transport industries to organize workers does not violate federal labor law, the D.C. Circuit Court of Appeals has held in a 2-1 decision. Air Transport Association of America, Inc. v. National Mediation Board, et al., No. 10-5253 (D.C. Cir. Dec. 16, 2011). The decision overturns 75 years of precedent and is subject to appeal.

Nexsen Pruet • December 28, 2011

In August, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. In December, the NLRB postponed the effective date until April 30th, 2012.

Jackson Lewis LLP • December 27, 2011

The National Labor Relations Board has announced it has postponed the effective date of its new rule mandating the workplace posting of an official Notice of Employee Rights under the National Labor Relations Act. The rule had been scheduled to go into effect on January 31st. Now, the rule will be effective on April 30, 2012. (For more information about the new rule, see our article, New Posting Required: Labor Board Rule on Notification of Employee Rights under Labor Act.)

Littler Mendelson, P.C. • December 27, 2011

Days after a U.S. District Court judge for the D.C. Circuit suggested that the National Labor Relations Board postpone the effective date of its notice posting rule, the agency has agreed to do so. As announced in a press release, the Board:

Fredrikson & Byron, P.A. • December 27, 2011

Remember our recent posts about the National Labor Relations Board’s new “employee rights� posting requirement? If you don’t, I will remind you, since it is the day before a long holiday weekend and you all deserve a break! The rule mandated that all employers post an 11-by-7 notice advising employees of their rights under the National Labor Relations Act (“NLRA�.)

Littler Mendelson, P.C. • December 22, 2011

During oral argument in a lawsuit challenging the National Labor Relations Board’s notice posting rule, presiding judge Amy Berman Jackson of the U.S. District Court for the D.C. Circuit suggested that the agency postpone the rule’s January 31, 2012 implementation date. The rule at issue – Notification of Employee Rights under the National Labor Relations Act – mandates that private sector employers subject to the National Labor Relations Act (NLRA) post a notice informing employees of their rights under the NLRA in a "conspicuous place" readily seen by employees and penalizes employers for non-compliance.

Ballard Rosenberg Golper & Savitt • December 09, 2011

Big changes are afoot in Washington that could mean your business will be much more susceptible to becoming unionized. Here is what's happening and what it means.

Littler Mendelson, P.C. • November 03, 2011

The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a final rule implementing Executive Order (EO) 13494, Economy in Government Contracting, which precludes government contractors from being reimbursed for expenses incurred to influence employees regarding their decisions to form unions or engage in collective bargaining. Issued on January 30, 2009, EO 13494 considers as un-reimbursable any activities that are undertaken to persuade employees to exercise or not exercise such rights, such as preparing and distributing materials, hiring or consulting legal counsel or consultants, holding meetings (including paying the salaries of the attendees at meetings held for this purpose) and planning or conducting activities by managers, supervisors or union representatives during working hours. Such expenditures are deemed “unallowable� under any federal government contract by the order. Although federal contractors cannot use federal funds for these purposes, they may use federal dollars to “maintain satisfactory relations� between the contractor and its employees. As stated in the order, such expenditures could include the cost of labor-management committees, employee publications (provided they do not attempt to persuade employees regarding unionization), and other related activities.

Fredrikson & Byron, P.A. • November 02, 2011

As we previously reported, the National Labor Relations Board (NLRB or Board) has promulgated a new regulation requiring virtually all private sector employers to post a notice informing their employees of rights under the National Labor Relations Act (NLRA). Initially, the regulation was to become effective on November 14, 2011. However, purportedly for “further education and outreach,� the NLRB has delayed the effective date until January 31, 2012. It is unclear why the Board believes more education and outreach is needed. The regulation was initially proposed in the spring, six months prior to its initial effective date.

Littler Mendelson, P.C. • October 14, 2011

During a hearing conducted by the House Committee on Education and the Workforce, labor experts and lawmakers debated the merits of the recently-introduced Workforce Democracy and Fairness Act (H.R. 3094), legislation that would restore the criteria used to determine an appropriate bargaining unit and prevent the National Labor Relations Board from pursuing its proposed changes to the representation election process.

Phelps Dunbar LLP • October 13, 2011

The National Labor Relations Board (NLRB) has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.

Littler Mendelson, P.C. • October 12, 2011

Legislation introduced by House Committee on Education and the Workforce Chairman John Kline (R-MN) would effectively undue the criteria used to determine an appropriate bargaining unit established by the National Labor Relations Board’s recent Specialty Healthcare decision, and prevent the Board from pursuing its proposed changes to representation election procedures. Specifically, the Workforce Democracy and Fairness Act (H.R. 3094) seeks to return to the long-standing approach in assessing which employees belong in a proposed bargaining unit, and would establish a timeline and process for holding a hearing regarding any pre-election disputes and deciding the appropriate bargaining unit.

Ford & Harrison LLP • October 06, 2011

Executive Summary: The National Labor Relations Board (NLRB) has postponed the implementation date of its new posting requirement to January 31, 2012.

Jackson Lewis LLP • October 06, 2011

The National Labor Relations Board has just announced it has postponed the effective date of its new rule mandating the workplace posting of an official Notice of Employee Rights under the National Labor Relations Act. The rule had been scheduled to go into effect on November 14th. Now, the rule will be effective on January 31, 2012. (For more information about the new rule, see our article, New Posting Required: Labor Board Rule on Notification of Employee Rights under Labor Act.)

Littler Mendelson, P.C. • October 06, 2011

Employers will now have until January 31, 2012 to comply with the National Labor Relations Board’s notice posting rule: Notification of Employee Rights under the National Labor Relations Act. This rule, which was slated to take effect as of November 14, 2011, mandates that all private sector employers subject to the NLRA post a notice informing employees of their rights under the NLRA in a “conspicuous place� readily seen by employees and penalizes employers for non-compliance. Last month, the NLRB made available a copy of the required poster as well as a list of frequently asked questions about the rule.

Ogletree Deakins • October 06, 2011

On October 5, 2011, the National Labor Relations Board (NLRB) issued a press release announcing its decision to postpone the implementation date for the new NLRA employee rights notice. According to the NLRB, the initial effective date of November 14, 2011 has now been pushed back to January 31, 2012 to allow for enhanced education and outreach to employers.

Fredrikson & Byron, P.A. • October 06, 2011

The fight over the controversial “Employee Rights� posting requirement has begun in earnest. The National Labor Relations Board announced yesterday that the effective date for the “Employee Rights� posting requirement has been delayed until January 31, 2012. The NLRB cited the need for “enhanced� education and outreach as the reason for the delayed implementation. I found interesting that the press release also mentions that NLRB member Brian Hayes dissented to the promulgation of the rule and agreed with the delay of the effective date, so I checked out his dissenting opinion. It is worth a read.

Young Conaway Stargatt & Taylor, LLP • October 03, 2011

Have labor unions outlived their usefulness? Yes, said nearly half of the Americans polled, according to a recent Rasmussen survey. With only 48% of U.S. workers believing that unions still serve a worthwhile purpose, there is plenty of reasons for the labor movement to market their message. And social media has been a useful tool for doing so. For example, see this post about the 14 Ways Unions Are Using Twitter and this AFL-CIO post from 2009 for examples of Social Media Use by Unions for some insight about labor’s efforts in the online space.

Franczek Radelet P.C • September 26, 2011

As we reported in late August, the NLRB announced a final rule requiring private sector employers to post a notice of employee rights under the NLRA. This past week, the NLRB published copies of its new poster. A copy is available from the NLRB website. Employers have the option of downloading a single 11� x 17� poster, or two 8.5� x 11� posters. Copies are also available at the Board’s regional offices. The final rule requires employers to begin displaying these posters by November 14, 2011.

Littler Mendelson, P.C. • September 23, 2011

As a follow up to our previous eLABORate, below you will find frequently asked questions related to the final rule published by the National Labor Relations Board on August 30, 2011, that will require most private-sector employers in the country to notify employees of their rights under the National Labor Relations Act. The 11-by-17 inch notice will need to be posted in a conspicuous place no later than November 14, 2011.

Franczek Radelet P.C • September 20, 2011

As we reported in late August, the NLRB announced a final rule requiring private sector employers to post a notice of employee rights under the NLRA. This past week, the NLRB published copies of its new poster. A copy is available from the NLRB website. Employers have the option of downloading a single 11� x 17� poster, or two 8.5� x 11� posters. Copies are also available at the Board’s regional offices. The final rule requires employers to begin displaying these posters by November 14, 2011.

Ballard Rosenberg Golper & Savitt • September 19, 2011

We recently reported that the National Labor Relations Board published a Final Rule requiring private-sector employers subject to the National Labor Relations Act to post a notice to employees informing them of their organizing rights. The Rule was to become effective November 14, 2011.

Jackson Lewis LLP • September 19, 2011

The National Labor Relations Board (NLRB) requires employers post a notice informing employees of their rights under the National Labor Relations Act (NLRA), including the right to organize and form a union, beginning November 14, 2011. The notice also provides contact information for the NLRB.

Littler Mendelson, P.C. • September 16, 2011

The National Labor Relations Board has made available for download a copy of the Employee Rights poster required under the Board’s new rule: Notification of Employee Rights under the National Labor Relations Act.

Fredrikson & Byron, P.A. • September 16, 2011

As recently reported by our colleague, Karen Schanfield, in her article, Federal Agencies Focus on Non-Union Employers, most private sector employers are subject to the new National Labor Relations Act posting requirement. This is effective November 14, 2011!

Gonzalez Saggio & Harlan • September 14, 2011

On August 30, 2011, the National Labor Relations Board ("NLRB") published a final rule that will require all employers subject to the National Labor Relations Act ("Act") - regardless of whether the employer has unionized employees - to post a new employee rights poster in the workplace effective November 14, 2011. Failure of a covered employer to comply with the new rule carries potentially significant consequences.

Barker Olmsted & Barnier • September 12, 2011

The National Labor Relations Board has issued a new rule requiring employers to post a notice informing employees of their rights under the National Labor Relations Act. Employers must comply with this new mandate by November 14, 2011.

Fredrikson & Byron, P.A. • September 09, 2011

Many non-union employers wrongly believe that the National Labor Relations Act (NLRA) does not apply to their workplaces. However, recent activity by the National Labor Relations Board (NLRB) underscores its interest in non-union workplaces. Together with the Department of Labor, the NLRB continues to seek ways to protect employees’ rights and lower barriers to union organizing.

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC • September 08, 2011

In what seemed to be a blatant attempt to make it easier for unions to organize in the long-term health care and other industries, the National Labor Relations Board (NLRB) decided in an August 26, 2011 case named Specialty Healthcare and Rehabilitation Center of Mobile, that a bargaining unit consisting of only Certified Nursing Assistants (CNAs) in a non-acute health care facility was an appropriate unit for bargaining.

Ogletree Deakins • September 07, 2011

Any thoughts on how the following legislative finding might fare in today's Congress?

Ballard Rosenberg Golper & Savitt • September 06, 2011

Union membership nationally is at an all-time low of just 6.9% of private sector employees. With big labor one of President Obama's largest supporters, it's no surprise that Mr. Obama's appointees to the National Labor Relations Board (NLRB) have begun significantly altering the law to make it easier for unions to organize.

Jackson Lewis LLP • September 06, 2011

Reversing decisions it issued in 2002 and 2007, the National Labor Relations Board has decided in separate cases that the union-employer relationship must be protected from decertification after a change of ownership at a unionized company and after an employer has voluntarily granted recognition to a union. These decisions were issued on the eve of former Chairman Wilma Liebman's departure from the Board.

Ogletree Deakins • September 06, 2011

As expected, the end of Chairman Wilma Liebman's term at the National Labor Relations Board (NLRB) did not end without an onslaught of radical, precedent-reversing decisions. On August 30, the Board published three very significant 3-1 decisions signed by Liebman in the closing hours of her term.

Franczek Radelet P.C • September 02, 2011

As we predicted in September 2010, with the Employee Free Choice Act stalled in Congress, a majority of the National Labor Relations Board (the “Board�) has taken the opportunity to overturn two key employer-friendly decisions from the Bush-era Board, boosting the prospects for union card check campaigns.

Constangy, Brooks & Smith, LLP • September 02, 2011

In another thinly-veiled effort to open the floodgates to union victories in representation elections, the National Labor Relations Board's three-member Democrat majority has overruled a long-standing standard for determining bargaining unit appropriateness in the non-acute health care industry. In Specialty Healthcare and Rehabilitation of Mobile, the majority of the Board ruled that a petitioned-for unit comprised solely of Certified Nursing Assistants was appropriate where the employees shared a "community of interest." Although the Board has never previously approved a CNA-only unit, it has now found the job-based unit classification to be presumptively appropriate. It also held that, in order to overcome the presumption, a challenging party would bear the burden of proving that excluded employees shared an "overwhelming community of interest" with the employees in the petitioned-for unit. This constitutes a significant – and far-reaching – departure from the established law.

Constangy, Brooks & Smith, LLP • September 02, 2011

Maybe. If you are covered under the National Labor Relations Act, then you have to display the new poster, which explains employees' right to join a union and engage in other activity protected by the NLRA. Unless you are a federal contractor, in which case, you don't.

Constangy, Brooks & Smith, LLP • September 01, 2011

As a parting "gift" for employers during Wilma Liebman's last days as Chair, the National Labor Relations Board announced its final rule on Notification of Employee Rights under the National Labor Relations Act. The rule passed the Board by a 3-1 vote, with Member Brian Hayes dissenting. The rule will take effect on November 14, 2011, 75 days from the date of its publication in the Federal Register.

Ford & Harrison LLP • August 31, 2011

Executive Summary: The National Labor Relations Board (NLRB) has issued a final rule that will require employers covered by the National Labor Relations Act (NLRA) to post a notice in the workplace explaining employees' rights under the NLRA. The posting requirement applies to employers covered by the Act, regardless of whether the workplace is unionized or union-free. The rule was published in the Federal Register on August 30, 2011, and will take effect November 14, 2011. The notice requirement does not apply to employers who are not covered by the NLRA, including, among others, any person subject to the Railway Labor Act, as well as entities over whom the Board has been found not to have jurisdiction or over which the Board has chosen not to assert jurisdiction.

Nexsen Pruet • August 30, 2011

On August 25, 2011, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. Employers must post the notice beginning November 14, 2011.

Jones Walker • August 29, 2011

Under a new rule published by the National Labor Relations Board (NLRB or Board), most private sector employers will be required to post a workplace notice of employee rights under the National Labor Relations Act (NLRA) starting November 14, 2011. In essence, the notice informs employees that they have the right to form and join unions, bargain collectively with their employers, and to engage in other protected concerted activities, or to refrain from engaging in any of those activities. Specific rights are outlined, as well as prohibited conduct by employers and unions.

Jackson Lewis LLP • August 29, 2011

The National Labor Relations Board has issued its final rule on “Notification of Employee Rights under the National Labor Relations Act.� The August 25, 2011, regulation, passed by a 3-1 vote of the Board, will have a significant impact on union-free and partially unionized employers.

Ogletree Deakins • August 29, 2011

On August 25, 2011, the National Labor Relations Board (NLRB) issued a press release in which it announced its final rule related to the Notification of Employee Rights under the National Labor Relations Act (NLRA). Private-sector employers (including labor organizations) whose workplaces fall under the jurisdiction of the NLRA will be required to post a notice of employee rights under that Act. In addition, employers who customarily post notices to employees regarding personnel rules or policies on an internet or intranet site will be required to post the Board’s notice at those sites. The proposed rule has been pending since December of last year, and will take effect on November 14, 2011, at which time the required notices must be posted.

Young Conaway Stargatt & Taylor, LLP • August 29, 2011

Workplace bulletin boards will be a bit more crowded this Fall, thanks to a new rule issued by the National Labor Relations Board (NLRB). The new rule, which becomes effective on November 14, 2011, will require most employers to post a notice detailing employee rights under the National Labor Relations Act.

Fisher & Phillips, LLP • August 26, 2011

n August 25, 2011, over the dissent of Member Brian Hayes, the National Labor Relations Board issued a final rule addressing "Notification of Employee Rights under the National Labor Relations Act." Effective 75 days following the August 26, 2011 scheduled publication in the Federal Register, which would be November 9, or November 14 (per the NLRB's inconsistent press release), every employer covered by the National Labor Relations Act will be required to post the prescribed 11x17 inch notice.

Franczek Radelet P.C • August 26, 2011

In December 2010, Franczek Radelet notified employers that the National Labor Relations Board (NLRB) had announced a proposed rule which would require employers to post a notice of employee rights under the NLRA. On August 25, 2011, the Board announced that a final rule regarding this posting requirement will go into effect for all employers subject to the Board’s jurisdiction on November 14, 2011.

Ogletree Deakins • August 26, 2011

On August 25, the National Labor Relations Board (NLRB) issued a press release announcing its final rule on Notification of Employee Rights under the National Labor Relations Act (NLRA). The proposed rule had been pending since December of last year.

Jackson Lewis LLP • August 25, 2011

The National Labor Relations Board has issued a Notice of Proposed Rulemaking (NPRM) that would drastically expedite the union election process, shrink employers’ opportunities to affect the composition of the voting employee-unit, and reduce an employer’s ability to communicate lawfully with prospective voters so that employees can make a fully informed choice in any election.

Krukowski & Costello, S.C. • August 24, 2011

Introduced on July 19, 2011, the Protecting Jobs From Government Interference Act is moving uncharacteristically swiftly through the legislative process. Representative Tim Scott of South Carolina introduced the bill in response to the National Labor Relations Board's (NLRB) complaint against the Boeing Co. for its decision to place an assembly line at a non-union plant in South Carolina. The NLRB claims that Boeing's decision was illegal retaliation for prior strikes by unionized worker's at the Company's operations in Washington state. The bill would amend the National Labor Relations Act to deny the NLRB any power to: order an employer (or seek an order against an employer) to restore or reinstate any work, product, production line, or equipment; rescind any relocation, transfer, subcontracting, outsourcing, or other change regarding the location, entity, or employer who shall be engaged in production or other business operations; or require any employer to make an initial or additional investment at a particular plant, facility, or location. Supporters of the bill claim it would remove an impediment to job creation while opponents argue that it would hamper the NLRB's ability to protect workers from unfair labor practices and would eliminate the Board's authority to restore jobs when companies eliminate work to get rid of pro-union employees. Within just six days of its introduction, the bill was referred to the House Committee on Education and the Workforce where it was recommended, without a hearing and by a vote of 23-16, to be considered by the House as a whole. For guidance on these and other employment or labor law issues, contact Krukowski & Costello, S.C.'s educational services department at (414) 988-8400.

Fisher & Phillips, LLP • August 05, 2011

In recent years, unions have continued to realize greater success in organizing healthcare employees than employees in other industries. Union win rates in the healthcare sector have been at or above 70%, generally about 10% above their win rates in other sectors. Additionally, more elections are taking place in the healthcare industry. The total jumped from 220 elections in 2009 to 305 elections in 2010.

Fisher & Phillips, LLP • July 21, 2011

By now you're aware of the NLRB's proposed rule changes aimed at speeding up elections to make it easier for unions to organize. (See our Legal Alert "Unions In Decline? Labor Board To The Rescue!" June 30, 2011).

Ogletree Deakins • July 19, 2011

Finally, after over a decade of litigation, the National Labor Relations Board (NLRB) issued its decision in New York New York LLC, 356 NLRB No. 119 (March 25, 2011) on remand from the District of Columbia Circuit Court of Appeals. Based on the Board’s precedent-setting ruling, we could have waited a little longer.

Jackson Lewis LLP • July 08, 2011

The United States House of Representatives Education and The Workforce Committee held a hearing on July 7 on the topic of “Rushing Union Elections: Protecting the Interests of Big Labor at the Expense of Workers’ Free Choice.� Michael Lotito, a partner in the San Francisco office of Jackson Lewis LLP, was one of five witnesses to testify before the Committee. Mr. Lotito’s written testimony is available here.

Constangy, Brooks & Smith, LLP • July 07, 2011

In 2008 and 2009, employers played a critical role in defeating the Employee Free Choice Act. Now, employers need to quickly step up again and voice their opposition to the National Labor Relations Board's recently proposed changes to the rules regarding the Board's election process. Comments from employers and other interested parties in response to the proposed rule changes must be submitted no later than August 22.

The Kullman Firm • July 05, 2011

On June 22, 2011, the NLRB published a Notice of Proposed Rulemaking in the Federal Register proposing amendments to the NLRB regulations and recommending substantial reform to the rules and procedures that govern the filing and processing of representation cases and elections.

Fisher & Phillips, LLP • July 01, 2011

The failure of the Employee Free Choice Act to become law does not mean that unions are giving up, or that their elected and appointed officials are throwing in the towel on their efforts to increase unions' ever-shrinking share of the American work force. Last week the National Labor Relations Board (NLRB) took a giant step in that direction.

Jackson Lewis LLP • June 07, 2011

The National Labor Relations Board has held that a union’s display of a 16-foot tall, inflatable balloon rat and handing out flyers at a secondary employer’s worksite did not violate the National Labor Relations Act. Sheet Metal Workers Int’l Ass’n, Local 15, 356 NLRB No. 162 (5/26/11). This further expands the rights of employees and unions in conducting expressive activity that may be detrimental to employers. (See our article on the Board’s early decisions on this topic, A Sign of Changes to Come: NLRB's New Majority Rules Union "Bannering" Lawful.)

Nexsen Pruet • May 13, 2011

Recent pro-union actions by the National Labor Relations Board (NLRB) are making it easier to unionize employees. One of the latest potential changes involves micro-unions, a possible outcome of Specialty Healthcare and Rehabilitation Center of Mobile and United Steelworkers, District 9, a case pending before the NLRB.

Cooley Godward Kronish LLP. • March 04, 2011

On December 22, 2010, the National Labor Relations Board ("NLRB"), an independent federal agency vested with the power to safeguard employees' rights to organize and to prevent and remedy unfair labor practices, published a proposed rule which, if enacted, would require every employer subject to the National Labor Relations Act ("NLRA") to post a notice informing employees of their rights under this federal labor law. The NLRA applies to most private-sector workplaces, whether or not employees are represented by a labor organization.

Young Conaway Stargatt & Taylor, LLP • February 01, 2011

Employers should be aware that the National Labor Relations Board (NLRB) has proposed a new regulation that would require employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). The NLRB has provided a fact sheet that answers some basic questions about the proposed regulation. Under the Notice of Proposed Rulemaking, which was issued on December 22, 2010, employers would be required to post a notice that included information on employees’ rights under the NLRA, and conduct by employers and unions that is illegal under the NLRA.

Ogletree Deakins • January 28, 2011

In a January 13, 2011, letter to newly-elected Attorney General Alan Wilson, the National Labor Relations Board (NLRB) threatened to file suit against South Carolina if the General Assembly ratifies the recently passed constitutional amendment guaranteeing individuals the right to a secret ballot vote on the issue of union representation. The letter, written by Acting NLRB General Counsel Lafe Solomon, asserts that federal labor law preempts state law � including state constitutional provisions � and gives him the right to file suit in federal court to hold the conflicting state provision unconstitutional.

Vedder Price • January 24, 2011

Changing the Rules of the Game: The NLRB Is Making Union Organizing Easier

Jackson Lewis LLP • January 20, 2011

Not satisfied, it seems, merely with issuing individual case decisions that favor organized labor, the National Labor Relations Board has proposed a rule that would require employers to notify employees of their rights under the National Labor Relations Act through a uniform workplace posting. The posting would be required for both unionized and non-unionized employers and would have to be posted physically and electronically, at least when electronic posting is a “customary means of communicating with employees.”

Jackson Lewis LLP • January 13, 2011

Jackson Lewis LLP, on behalf of the Retail Litigation Center, Inc., has filed with the National Labor Relations Board a “friend-of-the-court” brief urging the Board to limit non-employee union agents’ right to access store property to communicate to shoppers the union’s disagreement with the way the retailer is operating. The brief asks the NLRB to limit such access only to cases where the employer has allowed like conduct by other individuals and groups, so that the union has been singled out for adverse treatment.

Ogletree Deakins • December 30, 2010

The National Labor Relations Act (NLRA) is one of the few federal employment/labor laws which does not include a specific provision requiring employers to post a notice related to employee rights under that law.

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC • December 28, 2010

On December 20, 2010, the General Counsel of the National Labor Relations Board (NLRB) issued a memorandum that attempts to dramatically expand the scope of the NLRB's remedial power in certain unfair labor practice cases. In September 2010, the General Counsel announced an initiative to seek immediate injunctive relief in federal court to require reinstatement of employees who are terminated during a union organizing campaign. The General Counsel has now gone a step further and indicated that the NLRB will seek enhanced remedies for relatively minor unfair labor practices that occur during a union organizing campaign. It will seek these enhanced remedies through federal court injunctions as well as administrative proceedings before the NLRB.

Shaw Valenza LLP • December 22, 2010

The National Labor Relations Board is proposing a regulation that requires all employers under the NLRB's jurisdiction - both union and non-union- to post a notice explaining to employees their rights under the National Labor Relations Act. That notice will include helpful information like how to file an unfair labor practice complaint, the right to collectively bargain and elect a union, etc. The entire contents of the notice is posted below. The proposed regulations currently require qualifying employers to post the notice on paper with the other millions of government posters, and also send the notice out by email or put it on a company intranet. Multiple languages, etc. too.

Jackson Lewis LLP • December 22, 2010

The National Labor Relations Board continues its push to change the national labor policy administratively with two moves – one by the agency’s Acting General Counsel and the other by the Board members themselves. NLRB Acting General Counsel Lafe Solomon, the Board’s chief prosecutor, has urged regional officials to seek “special remedies” in unfair labor practices (ULPs) complaints for alleged violations committed by employers during union organizing drives. Meanwhile, the NLRB is proposing a rule requiring employers in a mandatory posting to notify employees of their rights under the National Labor Relations Act (and how employers can violate them).

Ogletree Deakins • December 17, 2010

The National Labor Relations Board (NLRB) recently issued a decision finding that an employer must distribute remedial notices electronically when that is a customary means of communication with its employees. As a result, the NLRB modified its standard notice posting provision - which requires posting of remedial notices in all places where notices to employees are customarily posted - to expressly include electronic communications.

Fredrikson & Byron, P.A. • December 16, 2010

On November 2, 2010, the Hartford Regional Office of the National Labor Relations Board (NLRB) issued a Complaint against American Medical Response of Connecticut (AMR), an ambulance service, for discharging Dawnmarie Souza for posting comments on her Facebook page that were negative and critical of her supervisor. Because of the potential implications of this case, we assume that the NLRB’s General Counsel must have approved the issuance of the Complaint.

Jackson Lewis LLP • December 09, 2010

In a 2-1 decision, the National Labor Relations Board has held that Dana Corp. and the United Auto Workers lawfully entered into an agreement governing a framework for collective bargaining and providing that the employer would recognize the UAW as its employees’ bargaining representative at a previously unrepresented facility if the UAW established majority support through a card check. Dana Corp., 356 NLRB No. 49. The Board in its December 6, 2010, decision also ruled, however, that it would “leave for another day the adoption of a general standard for regulating pre-recognition negotiations between unions and employer[s].”

Fisher & Phillips, LLP • December 06, 2010

Disneyland is known as "The Happiest Place On Earth." But UNITE HERE Local 11, the Union that represents the park's 2,100 hotel employees, is not in a happy place. For close to three years now, it has been bargaining over a new labor contract. During that time, the union has staged protests and walk-outs, had its members engage in a week-long hunger strike and gone on a one-day quickie strike. But no matter what the union has done to force the issue, no new labor agreement has been reached.

Fisher & Phillips, LLP • December 06, 2010

It's common for fast food workers in Canada, Germany, France and Australia to be represented by a union. But in America less than 2% of fast food workers are unionized – and most of them work in stores located on college campuses, in hospitals or in government buildings where labor unions are commonplace. Indeed, until very recently, the conventional wisdom among union leadership was that employees working in freestanding fast food restaurants were simply too short-sighted, too transient, or too timid, to be viable targets for union organizing. Accordingly, even though it promises the possibility of hundreds of thousands of new union members, the fast food industry has gone largely ignored by unions. All of that may soon change.

Fisher & Phillips, LLP • December 06, 2010

Hotels and other entities should expect unions to routinely use OSHA citations as an organizing tool and a way to harass hospitality employers. In a recent Hospitality Update, we described a May 12 Houston Chronicle article complaining about the allegedly high rate of ergonomic injuries suffered by hotel employees. [See "Multiple Embarrassing OSHA Citations: The Next Union Organizing Tactic?" by Howard Mavity. Hospitality Update, June, 2010.]

Fisher & Phillips, LLP • December 02, 2010

It comes as no surprise that employers in the last several years have been forced to focus on survival in an extremely difficult environment. There have been sharply decreased (or nonexistent) profit margins, falling sales, reorganizations, reductions in force, retrenchment and reversion to the mean. Overall business conditions aren't really much better now than they were three years ago and nobody really knows when they will improve.

Jackson Lewis LLP • November 24, 2010

Signaling it may be ready to establish a broad right of union access to employer property for handbilling directed against retail employers and their contractors, the National Labor Relations Board has invited “all interested parties” to submit briefs addressing when an employer may lawfully deny access to a union that does not represent the retailer’s employees. This action came in a decision in which the Board reserved judgment on whether an employer violated the National Labor Relations Act by removing non-employee union handbillers from its private property, although it had permitted other groups and elected officials to solicit frequently inside and outside its retail premises over several years. Roundy’s Inc. and Milwaukee Bldg. & Constr. Trades Council, AFL-CIO, 356 NLRB No. 27 (Nov. 12, 2010). A formal notice and invitation for briefing followed. The decision on this question will likely have wide-ranging implications for both union and non-unionized employers.

Vedder Price • October 22, 2010

Unions are engaged in their own version of globalization through global union federations. These are umbrella organizations that coordinate the efforts of national member union affi liates, often a hundred or more. Those efforts focus on nonunion workforces in major countries through classic “topdown” organizing strategies.

Jackson Lewis LLP • October 22, 2010

The Acting General Counsel for the National Labor Relations Board has issued guidelines to the agency’s regional officials, recommending that they prepare to seek promptly federal court injunctions where the evidence obtained during an expedited Board investigation appears to support a discriminatory termination charge. According to Acting General Counsel Lafe Solomon, this would compel employers charged with discriminatory termination of union advocates and supporters during union organizing to offer the fired employees reinstatement pending litigation of the underlining unfair labor practice charge in Board administrative hearings.

Fisher & Phillips, LLP • October 06, 2010

Even with the Employee Free Choice Act (EFCA) now seemingly DOA, major reform of labor law is not far off. Wilma Liebman and the three new Obama appointees, including Craig Becker, are now in the driver's seat at the National Labor Relations Board. Big Labor justifiably expects the Liebman/Becker-led Board to deliver on Obama's campaign promises and to revamp federal labor law in its favor.

Franczek Radelet P.C • September 07, 2010

This week, the National Labor Relations Board (the Board) made two announcements, the results of which could further the administration’s EFCA agenda without the need to pass legislation. Most prominently, the Board will revisit its 2007 Dana decision through review of two sets of cases that question when a union’s support among employees can be challenged (Rite Aid Store #6473 / Lamons Gasket Co. and UGL-UNICCO Service Co. / Grocery Haulers Inc.). Dana has been widely cited as legal support for maintaining secret ballot elections in lieu of the union-supported card-check procedures in EFCA.

Fisher & Phillips, LLP • September 07, 2010

This is a message to our clients who have union-free operations. We assume that you operate non-union for a reason, and that you work hard to ensure that you preserve and maintain your non-union status. In case you needed one, here is just one more reason that remaining non-union gives you an edge in managing your operation.

Hughes Hubbard & Reed LLP • August 09, 2010

Unionization of Private Colleges’ And Universities’ Graduate Students.

Ballard Rosenberg Golper & Savitt • July 26, 2010

President Obama continues his support of big labor with a first of its kind mandatory employer posting requirement designed to advise employees how to form or affiliate with a labor union. If you are a federal contractor or subcontractor - or are thinking about becoming one – you will want to read about this important development.

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC • July 21, 2010

On April 13, 2010, the Federal Acquisition Regulation (FAR) Council released a final rule implementing President Obama’s Executive Order 13502, which encourages federal agencies to use Project Labor Agreements (PLAs) on federal construction projects valued at $25 million or more. EO 13502, which was actually issued on February 6, 2009, repealed President Bush’s Executive Orders 13202 and 13208, which in turn declared that neither the federal government, nor any agency acting with federal assistance, shall require or prohibit construction contractors to sign union agreements as a condition of performing work on government construction projects. It is estimated that, in the eight years it was in existence, President Bush’s EO 13202 caused at least $147.1 billion worth of federal construction projects to be competitively bid without discrimination against non-union contractors.

Ogletree Deakins • June 24, 2010

New requirements under Executive Order 13496 could appear in federal contracts and subcontracts as early as this week. The final rule, published on May 21, becomes effective June 21, 2010. Fortunately or unfortunately, the Federal Acquisition Regulation Council (FAR Council) has not yet issued an implementing FAR that will require the employee notice to be posted.

Franczek Radelet P.C • June 23, 2010

Effective June 21, 2010, employers who conduct business with the federal government or who perform work essential to a federal contract now must post a notice informing their employees of their right to join a union and engage in concerted activity.

Ford & Harrison LLP • June 22, 2010

On June 15, 2010, OFCCP Director Patricia A. Shiu issued an enforcement directive pertaining to Executive Order 13496. The Executive Order becomes effective on June 21, 2010.

Ballard Rosenberg Golper & Savitt • June 18, 2010

President Obama continues his support of big labor with a first of its kind mandatory employer posting requirement designed to advise employees how to form or affiliate with a labor union. If you are a federal contractor or sub-contractor - or are thinking about becoming one - we urge you to read about this important development.

Fisher & Phillips, LLP • June 04, 2010

The Department of Labor's Office of Labor Management Standards (OLMS) published a final rule on May 20, 2010, implementing Executive Order (EO) 13496: Notification of Employee Rights Under Federal Labor Laws. This EO mandates that all government contracting departments and agencies include a provision in most government contracts stipulating that the contractor post a notice "in all places where notices to employees are customarily posted both physically and electronically," informing them of their rights under the National Labor Relations Act (NLRA). In turn, covered contractors are required to include a similar provision in subcontracts that are necessary to the performance of the government contract and in an amount in excess of $10,000.

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC • June 04, 2010

Federal contractors and subcontractors are now required to inform employees of their rights under the National Labor Relations Act (NLRA), the primary law governing relations between unions and employers in the private sector. The President signed an executive order in January 2009, which has now become a Department of Labor regulation effective May 20, 2010.

Fisher & Phillips, LLP • June 03, 2010

While many union organizers seem to have moved to D.C. to become lobbyists, UNITE/HERE, the SEIU, and other unions continue to aggressively campaign against hospitality employers. Campaigns are becoming even more nasty than in the past. Unions consciously harm the property's reputation and inflict costly wage-hour, discrimination, and OSHA costs that may weaken the employer's resolve.

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC • June 02, 2010

Federal contractors and subcontractors are now required to post information in the workplace regarding workers' rights under the National Labor Relations Act (NLRA), according to Executive Order (EO) 13496 issued by President Obama in January 2009, and implemented into a Final Rule by the Office of Labor-Management Standards (OLMS) on May 20, 2010. The EO demands all federal contractors and subcontractors meet two requirements

Constangy, Brooks & Smith, LLP • May 28, 2010

The Department of Labor has issued Final Regulations implementing President Obama’s Executive Order 13496. The regulations impose two requirements on government contractors and subcontractors: (1) to post a specified notice of employees’ rights to join a union and engage in organizing activity; and (2) to include certain language in covered contracts and subcontracts. While the government calls the long-awaited Final Regulations “very, very balanced,” the required Employee Rights Notice is unquestionably “labor-friendly.” The new requirements go into effect on June 21, 2010.

Young Conaway Stargatt & Taylor, LLP • May 27, 2010

Federal contractors and subcontractors are subject to a new posting requirement. Federal contractors and subcontractors (except for acquisition contracts worth less than $100,000 and subcontracts worth less than $10,000) have until June 21, 2010, to post a new notice telling their employees about their rights under the National Labor Relations Act (NLRA), the federal law that governs the relationships between private sector employers and unions. The posting describes the rights of employees to organize into unions and collectively bargain for a contract with their employer. It also describes union and employer conduct that is deemed to be unfair interference with employee rights, and tells employees to contact the National Labor Relations Board if they believe their rights have been violated.

Fisher & Phillips, LLP • May 24, 2010

A final rule issued May 20, 2010, provides the poster federal contractors and sub-contractors are required to post to provide employees notice of their rights under the National Labor Relations Act. This rule implements President Obama's Executive Order 13496, signed January 30, 2009. The Order has two requirements for covered federal contractors and sub-contractors; (1) post with other employee notices, including electronically, the "Employee Rights under the National Labor Relations Act" poster and (2) include the language of the employee notice requirement.

Ford & Harrison LLP • May 24, 2010

On May 20, 2010 the Department of Labor (DOL) issued a final regulation implementing Executive Order 13496, signed by President Obama on January 30, 2009. EO 13496 requires non-exempt federal contractors and subcontractors to post a notice informing their employees of their rights under the National Labor Relations Act (NLRA). The final regulation does not apply to public sector employers and employers covered by the Railway Labor Act. The final regulation can be accessed at: http://www.dol.gov/olms/regs/compliance/EO13496.htm (go to More Information, then click on the link

Cooley Godward Kronish LLP. • May 24, 2010

Federal Government Contractors are required to post a new poster notifying employees that the National Labor Relations Act ("NLRA"):

Ogletree Deakins • May 24, 2010

Pursuant to a Department of Labor (DOL) Final Rule published on May 20 and going into effect on June 21, 2010, federal contractors and subcontractors subject to the National Labor Relations Act (NLRA) will be required to include certain language in their contracts and to conspicuously post notices of employee rights under federal labor laws. The Final Rule describes the content of the notice required to be posted by contractors and most subcontractors, and outlines the penalties that can be imposed for noncompliance. This Final Rule, published in today’s Federal Register, implements Executive Order 13496, signed by President Barack Obama in January of last year.

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC • May 14, 2010

On April 13, 2010, the Federal Acquisition Regulation (FAR) Council released a final rule implementing President Obama’s Executive Order 13502, which encourages federal agencies to use Project Labor Agreements (PLA) on federal construction projects valued at $25 million or more. EO 13502, which was actually issued on February 6, 2009, repealed President Bush's Executive Orders 13202 and 13208, which in turn declared that neither the federal government, nor any agency acting with federal assistance, shall require or prohibit construction contractors to sign union agreements as a condition of performing work on government construction projects. It is estimated that President Bush's EO 13202, in the eight years it was in existence, caused at least $147.1 billion worth of federal construction projects to be competitively bid without discrimination against non-union contractors.

Ogletree Deakins • April 23, 2010

BNA's Daily Labor Report ($) has an article based on its in depth interview with the soon to be former head of the SEIU, Andy Stern, that is well worth the read.

Ford & Harrison LLP • April 19, 2010

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have issued a proposed rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 13494, "Economy in Government Contracting." EO 13494 denies reimbursement to federal contractors for expenses used to influence workers' decisions regarding whether to form unions or engage in collective bargaining.

Ogletree Deakins • April 05, 2010

The union membership statistics for 2009 suggest that organized labor has lost ground over the past year. According to the Bureau of Labor Statistics' report on annual union membership, private sector unions lost 834,000 members in 2009, bringing membership down to 7.2 percent of the private sector workforce (compared to 7.6 percent in 2008). Overall union membership, however, held steady at 12.3 percent in 2009. This was largely due to public sector union membership, which rose slightly from 36.8 percent in 2008 to 37.4 percent last year.

Young Conaway Stargatt & Taylor, LLP • February 24, 2010

After months of moribundity, the Employee Free Choice Act (“EFCA”) is showing signs of life. Or at least alternative means of imposing some of the major changes included in EFCA, such as greatly decreasing the time of an election campaign and limiting employers’ ability to actively participate in union elections, are being considered. It all depends on the possible confirmation of Craig Becker, whose nomination to the NLRB has been stalled in the Senate but was recently voted out of committee on a party line vote.

Ford & Harrison LLP • February 08, 2010

On February 4, 2010, the Senate Health, Education, Labor and Pensions Committee voted 13-10 to approve the nomination of Craig Becker to be a member of the National Labor Relations Board. It was a party line vote, with all 10 Republicans on the committee voting against Becker's nomination. Becker must next be confirmed by the entire Senate. With Senator Scott Brown already sworn in as the 41st Republican, there is a real possibility that Becker's confirmation could be blocked by a filibuster. If that were to happen, Senate Majority Leader Harry Reid said the Obama Administration may use a recess appointment to get Becker on the NLRB, which would not require Senate approval.

Young Conaway Stargatt & Taylor, LLP • January 04, 2010

For the first quarter of 2009, the Employee Free Choice Act (EFCA), was front page news, and the subject of scores of seminars, webinars and spirited discussions. Since then, it has virtually disappeared from view. Aside from a few rumors about possible Senatorial compromises, EFCA became a nonevent during the balance of 2009. As we move into 2010, an election year, will we see an effort to revive and enact EFCA in some form? I’m betting we will.

Fisher & Phillips, LLP • December 01, 2009

While our crystal ball is no better than anyone else's, change in our country's labor laws appears to be drawing ever closer. While EFCA as it was originally proposed with its elimination of secret-ballot elections is undergoing change, a lot of other tweaking has been going on lately in the Senate reflecting unions' desire to find some form of legislation which will pass and which will give them the stimulus they need to revitalize their efforts to halt the continuing loss of union jobs and members.

Vedder Price • November 09, 2009

Although the contentious health care debate remains front and center—both in Congress and in the media—signifi cant labor law changes appear close at hand as well. Do not let the lack of headlines fool you—the Employee Free Choice Act (“EFCA”) remains a priority for the Obama administration and the Democratic-controlled Congress. Informed observers expect that EFCA will be the next hot-button issue taken up by Congress.

Ogletree Deakins • November 03, 2009

For the past several years, the business community's attention has been focused almost exclusively on federal legislation inaccurately named the "Employee Free Choice Act" (EFCA). That legislation would radically overhaul labor-management relations by substituting "card check" (employees' signatures on union cards) in place of government-protected secret ballot union representation elections, and by compelling arbitration of first contracts written by federally-appointed arbitrators where the union and the employer fail to agree after 120 days of bargaining. EFCA also contains anti-employer penalties and fines of $20,000 per violation and triple back pay, as well as federal court injunctions.

Fisher & Phillips, LLP • November 02, 2009

We all know that union membership has been on the decline for decades. But with a new administration in the White House, and Democrat majorities in the House and Senate, employers should expect significant labor law reforms and dramatically different enforcement strategies that will make it easier for labor unions to organize employees. In fact, hopeful labor leaders proclaim that the expected changes could add up to 1.5 million new members per year for the next 15 years.

Fisher & Phillips, LLP • October 05, 2009

With membership at its lowest point in over 60 years, unions are steadfastly proving they still know how to play politics. Organized labor has recently taken steps to reinforce its ranks through legislation, introducing significant reform efforts such as the Employee Free Choice Act (EFCA). The Act, in effect, would eliminate secret ballot elections from the provisions of the National Labor Relations Act (NLRA) related to union organizing, substitute card check verification instead, and make employer neutrality mandatory in the electoral process.

Constangy, Brooks & Smith, LLP • September 23, 2009

Constangy partner Mel Haas is Vice Chairman of the U.S. Chamber of Commerce's Labor Relations Committee. We are forwarding to you yesterday's communication from the "The Hill" so that you may be informed of the latest from Capitol Hill. As always, Constangy will keep you informed immediately as news hits. If you have questions or concerns, feel free to contact any Constangy attorney.

Ogletree Deakins • August 13, 2009

On August 3, 2009, the U.S. Department of Labor (DOL) issued a proposed rule to implement President Barack Obama’s recent Executive Order 13496 requiring federal contractors to inform employees of their rights under federal labor laws, including the National Labor Relations Act (NLRA). Executive Order 13496 requires covered contractors to include certain language in their contracts and to conspicuously post notices of employee rights under federal labor laws. The proposed rule describes the content of the required notice, which contractors and subcontractors must post, and the penalties that can be imposed for noncompliance.

Ballard Rosenberg Golper & Savitt • July 31, 2009

As the union-friendly Employee Free Choice Act (EFCA) (S. 560 and H.R. 1409) makes its way through Congress, one of the most controversial provisions of the legislation has been withdrawn. That's the good news for employers.

Constangy, Brooks & Smith, LLP • May 26, 2009

Constangy partner Randy Loftis is a member of the U.S. Chamber of Commerce's Labor Relations Committee. We are forwarding to you communication from the Chamber's Executive Director of Labor Law Policy so that you may be informed of the latest from Capitol Hill. As always, Constangy will keep you informed immediately as news hits. If you have questions or concerns, feel free to contact any Constangy attorney.

Ford & Harrison LLP • May 07, 2009

With the election last November of a President and Congress more sympathetic to the interests of organized labor, union leaders looked to 2009 as the year they would finally secure passage of the controversial Employee Free Choice Act (EFCA). Congressional leaders from the House and Senate jointly introduced the proposed legislation in the current Congress in March 2009.

Ballard Rosenberg Golper & Savitt • April 21, 2009

Though the ink is hardly dry on the economic stimulus plan, Congressional Democrats have turned their attention to their next big fight: easing the way for labor organizing at companies big and small. On March 10th, both houses of the United States Congress introduced identical versions of the socalled Employee Free Choice Act (EFCA) legislation (S. 560 and H.R. 1409). This legislation is designed to make it dramatically easier for a union to organize your employees.

Fredrikson & Byron, P.A. • April 20, 2009

The Employee Free Choice Act (EFCA)—recently referred to by some commentators as the Employee Forced Choice Act—is proposed national legislation that would overturn nearly 60 years of traditional labor law by amending the National Labor Relations Act, in several unprecedented and extremely significant ways. In a nutshell, companies that are not currently unionized will have a substantially increased possibility of becoming organized.

Ogletree Deakins • April 14, 2009

After much speculation, the Employee Free Choice Act of 2009 (EFCA) was introduced in the 111th Congress on March 10. The bills introduced in both the House of Representatives, H.R. 1409, and Senate, S. 560, are identical to last year's measure, which passed the House but stalled in the Senate due to a filibuster on the motion to debate the bill on the Senate Floor. This year's bills were introduced with fewer original cosponsors amid increasing concerns regarding the economic impact of "card check" and compulsory arbitration of first contracts.

Jones Walker • March 19, 2009

The grossly misnamed and highly controversial Employee Free Choice Act (“EFCA”) was introduced by Senators Ted Kennedy (D-MA) and Tom Harkin (D-IA), and Representative George Miller (D-CA) in the 111th Congress on March 10, 2009 (H.R. 1409, S. 560). The legislative fight over EFCA is a battle royale between business and organized labor and is a defining moment in the history of labor relations in the United States. The President of the U. S. Chamber of Commerce, Tom Donahue, in a major address in Washington last week, called this legislation “Armageddon” and a “game changer.” EFCA is clearly the most ambitious and transformative piece of labor legislation to come before Congress since the 1935 enactment of the National Labor Relations Act (“NLRA”) and would radically alter the balance of power between management and labor.

Ballard Rosenberg Golper & Savitt • March 13, 2009

Yesterday, both houses of the United States Congress introduced identical versions of the Employee Free Choice Act (EFCA) legislation (S. 560 and H.R. 1409). This legislation is designed to make it dramatically easier for a union to organize your employees.

Fisher & Phillips, LLP • March 11, 2009

The Employee Free Choice Act was introduced in both houses of Congress today. The bill would allow labor unions to bypass secret ballot representation elections that have been in place for 75 years in favor of a streamlined process known as "card check." It also contains binding arbitration provisions that would allow an outside arbitrator to dictate the terms of a first contract in the event that the parties cannot reach agreement within the first four months of negotiations, and it would impose substantially increased penalties against employers who commit unfair labor practices.

Ford & Harrison LLP • March 11, 2009

Big Labor cashed in on its support of union-friendly candidates last fall when the perversely named Employee Free Choice Act (EFCA) was introduced in the House and Senate yesterday. Labor leaders hope EFCA will be the "magic formula" that helps reestablish the power of big labor unions, which have lost thousands upon thousands of members in recent years. To view the text of the legislation as it was introduced in the House, please click here.

Ogletree Deakins • March 10, 2009

After much speculation, the Employee Free Choice Act of 2009 (EFCA) was introduced on March 10 in the 111th Congress. The new bills introduced in both the House of Representatives and Senate are identical to last year’s bill, which passed the House but was stalled in the Senate by a filibuster on the motion to debate the bill on the Senate Floor.

Constangy, Brooks & Smith, LLP • March 09, 2009

Constangy partner Mel Haas is a member of the U.S. Chamber of Commerce's Labor Relations Committee. We are forwarding to you last night's communication from the Chamber's Executive Director of Labor Law Policy so that you may be informed of the latest from Capitol Hill. As always, Constangy will keep you informed immediately as news hits. If you have questions or concerns, feel free to contact any Constangy attorney.

Vedder Price • February 20, 2009

Despite millions of dollars already spent on both sides of the issue, three-quarters of Americans are completely in the dark over the Employee Free Choice Act (EFCA), a law touted by labor unions and political supporters as a way to increase unionization and improve the lives of middle-class America. And American workers are sharply divided over its merits, according to the latest national poll by the Employment Law Alliance (ELA).

Fisher & Phillips, LLP • February 04, 2009

Employers are rightfully concerned and even alarmed about what to expect from the new Congress and the Obama Administration. Democrats are firmly in control and owe much to organized labor and other constituencies that are not necessarily employer-friendly. So, what can healthcare expect in the new year and beyond?

Constangy, Brooks & Smith, LLP • February 03, 2009

The new administration is moving swiftly to change the playing field between labor and management.

Vedder Price • January 28, 2009

Much has been written recently about the Employee Free Choice Act (“EFCA”). Indeed, if passed, it would be the most signifi cant change in labor relations law in decades. The advent of the Obama administration and a clear Democratic majority in both houses of Congress have many employers focusing on changes that the new year will potentially bring. With the economic recession and the apparent lack of a fi libuster-proof Democratic majority in the Senate, there is discussion that there will have to be compromises for EFCA to pass both houses of Congress. But organized labor is still pushing Congress and the new Administration to pass the bill unchanged, either as part of a broader economic bill, or later in 2009, after other priorities work through Congress.

Shaw Valenza LLP • January 19, 2009

The inauguration of President-elect Barack Obama is just a few days away. Congress will assemble with solid Democratic majorities in each house. The new administration doubtless will breathe new life into bills that have languished in Congress during the past eight years.

Constangy, Brooks & Smith, LLP • December 17, 2008

Immediately after the victory of labor-backed Senator Barack Obama, both the AFL-CIO and Change To Win federations praised the win as the beginning of a new era in workers’ rights. AFL-CIO President John Sweeney called the Obama victory in the presidential race and the Democratic majorities in the House and Senate a working families’ mandate for “broad-based economic change.”

Constangy, Brooks & Smith, LLP • December 17, 2008

On December 12, 2008, the NLRB announced that the United Food and Commercial Workers Union won an election at Smithfield Foods’ pork processing plant in Tar Heel, North Carolina. The UFCW has been seeking to represent the Tar Heel workers for more than 15 years.

Constangy, Brooks & Smith, LLP • December 17, 2008

The New York Court of Appeals, New York’s highest court, recently ruled that Local 32BJ of the Service Employees International Union was properly enjoined from announcing its presence outside the Empire State Building with a “banging racket” of drumming on metal pots and tin cans.

Nexsen Pruet • December 04, 2008

Employers can expect that efforts will be made to significantly change employment and labor laws and regulations over the next several months. Nexsen Pruet Employment and Labor Law attorneys David Dubberly, William Floyd, Cherie Blackburn and Mike Brittingham provide a briefing to help clients prepare for the changes.

Ogletree Deakins • December 04, 2008

In a historic and hard-fought election, Senator Barack Obama was elected the 44th President of the United States earlier this month. President-elect Obama will be the first African-American president in the country's history.

Fisher & Phillips, LLP • December 03, 2008

Gallons of ink have been spilled by lawyers and journalists concerning the Employee Free Choice Act (EFCA). But this law is likely to have a particular effect on retailers, and retailers – more so than other employers – should start planning for the worst now.

Barker Olmsted & Barnier • December 03, 2008

The idea of revamping the National Labor Relations Act in favor of unions has been floating around for some time now, but legislation has stalled. No more. At the dawn of a new political regime, employers are bracing for monumental change.

Fredrikson & Byron, P.A. • November 26, 2008

The Employee Free Choice Act (EFCA) is proposed national legislation that would overturn nearly 60 years of labor law by amending the National Labor Relations Act (Act) in several unprecedented ways. The U.S. House of Representatives passed the EFCA last March by a significant margin (241-185). While 51 Senators supported the bill, it stalled in the Senate because of a threatened filibuster. Most commentators expect that it will ultimately pass the new Senate and be signed by President Obama in some form.

Fisher & Phillips, LLP • November 25, 2008

Organized labor's membership in the private sector has plummeted below 8 % – an all time low. To address this problem, unions have turned to an aggressive legislative agenda designed to tilt the scales in their favor. Among the items on their priority list are the Employee Free Choice Act (EFCA) and the Re-Employment of Skilled and Professional Employees and Construction Tradeworkers Act (RESPECT Act).

Jones Walker • November 25, 2008

The recently concluded Presidential and Congressional elections have organized labor salivating over the likely passage of the so-called and grossly misnamed Employee Free Choice Act (“EFCA”). EFCA, which actually would eliminate “employee free choice” concerning unionization, is at the very top of organized labor’s very aggressive legislative agenda and enjoys the strong support of President-elect Barack Obama. You cannot underestimate how dramatically the enactment of this misguided and ham-handed legislation could change your workplace and jeopardize your business and the livelihoods of your employees. The proposed law is nothing short of a power grab by unions. At this point, EFCA is still only proposed legislation, and no one knows exactly what form it will take upon final passage. One thing is certain, however: with strong Democrat majorities in both the House and Senate, and a President who is eager to sign the legislation, EFCA is certain to become law in some form, and employers need to begin preparing for it now.

Fisher & Phillips, LLP • November 06, 2008

By now, most hospital and healthcare leaders recognize that their employees represent an increasingly inviting organizing target for unions such as the Service Employees' International Union (SEIU) and the California Nurses Association (CNA). If any question remains, it is "when," not "if" one or more unions will mount some sort of an offensive at your facility.

Fisher & Phillips, LLP • September 22, 2008

Organized labor's density in the private sector has plummeted below 8% – an all time low. To address this problem, unions are increasingly turning to an aggressive legislative agenda designed to tilt the scales in their favor. Among those items at the top of their priority list are the Employee Free Choice Act (EFCA) and the Re-Employment of Skilled and Professional Employees and Construction Tradeworkers Act (the RESPECT).

Vedder Price • September 09, 2008

Congress is contemplating the fi rst signifi cant revision to the National Labor Relations Act in over 70 years. Dubbed the Employee Free Choice Act (“EFCA”), this proposed legislation threatens to curtail two fundamental rights of American employees and employers: (i) the right to accept or reject union representation through a secret ballot election and (ii) the right to freely negotiate a collective bargaining agreement. Unions are counting on EFCA to invigorate union organizing efforts nationwide, which have been languishing for decades.

Ford & Harrison LLP • August 18, 2008

Employers are encouraged to monitor the status of the Employee Free Choice Act (EFCA), which is a proposed amendment to the federal labor law that governs employer-union relations at employers other than airlines and railroads. EFCA would eliminate secret ballot elections as the way for employees to decide whether to have union representation; this would be replaced with a "card check" procedure that would result in certification of the union if a majority of employees in an appropriate work group simply sign union cards. This would make it much easier for a union to become the collective bargaining representative of a group of employees at a company. In addition, EFCA would change significantly the process for negotiating a first contract. Changes would include mandatory government-run arbitration to establish the terms and conditions of employment in the initial contract if the parties cannot reach agreement during direct and mediated negotiations.

Fisher & Phillips, LLP • August 04, 2008

The election looms. No one can say with certainty what the results will be. The political scene may shift dramatically in a few months. But organized labor is as excited as a child on Christmas Eve. Conventional wisdom feeds this optimism.

Fisher & Phillips, LLP • June 05, 2008

There have been 24 union petitions at hospitality employers, that we are aware of, filed since the beginning of 2008.

Ogletree Deakins • June 03, 2008

The 9th U.S. Circuit Court of Appeals has overturned a decision by the National Labor Relations Board related to a hospital’s prohibition on union buttons. According to the Ninth Circuit, prohibiting the buttons violated nurse/employees’ rights under the National Labor Relations Act.

Fisher & Phillips, LLP • May 06, 2008

While their overall membership rates continue to decline, unions remain focused on attracting and organizing new dues-paying members in the relatively untapped healthcare market. Maintaining a historic trend, union membership dropped again last year; it's now less than 9% of the private sector workforce, roughly 12.0% counting public employers.

Fisher & Phillips, LLP • May 05, 2008

Most of our readers have heard of the "Employee Free Choice Act" (EFCA). The bill passed the U.S. House of Representatives, but was subject to a Republican Party filibuster in the Senate. This union and Democratic Party-sponsored legislation would eliminate secret ballot elections regarding union representation in a workplace, and instead make such representation automatic and mandatory if more than 50% of employees in a bargaining unit signed union authorization cards.

Fisher & Phillips, LLP • May 02, 2008

Organized labor's efforts to unionize auto dealerships continued unabated during 2007. While these efforts will no doubt continue in 2008, federal legislative changes loom on the horizon which, if enacted, will significantly increase the number of successful unionization efforts. Regardless of whether these changes are implemented, dealerships should consider implementing an updated pre-campaign strategy designed to anticipate and adapt to labor's evolving unionization efforts.

Fisher & Phillips, LLP • April 15, 2008

Fresh from its "victory" in an election at Cypress Fairbanks Hospital in Houston, the California Nurses Association (CNA) has wasted no time in launching a wide-spread direct mail campaign that targets registered nurses in several states. The full color tri-fold campaign pieces, which have been arriving in nurses' homes during the past 10 days, include union authorization cards. At a minimum, nurses in Texas, Florida, North Carolina, South Carolina, Georgia, Kentucky and Illinois have received these mailers.

Fisher & Phillips, LLP • April 08, 2008

It has been no secret that high-profile unions are devoting considerable resources to their attempts to organize employees in the healthcare industry. Bolstered by success in California, New York, Illinois and Florida, the California Nurses Association (CNA) and the Service Employees International Union (SEIU) have now set their sights on the vast, relatively untapped state of Texas.

Ogletree Deakins • April 01, 2008

On February 15, 2008, the Office of the General Counsel for the National Labor Relations Board (NLRB) issued two guideline memoranda to Regional Directors, Officers-in-Charge, and Resident Officers, outlining the NLRB's rationale in two recent decisions, and providing guidance for analyzing, investigating, and pleading union "salting" claims in light of those decisions.

Fisher & Phillips, LLP • March 12, 2008

The rule of thumb for employers facing union campaigns dictates that managers may offer employees facts about unions, their opinions on unions in general, or their personal experiences in previous dealings with unions. The general limitation on this rule is that employers may not threaten employees, interrogate or spy on them, or promise benefits in exchange for opposing the union.

Ballard Rosenberg Golper & Savitt • February 13, 2008

The NLRB just announced new guidelines for private sector employers.

Ford & Harrison LLP • October 09, 2007

The National Labor Relations Board (NLRB) recently issued four decisions that are good news for both unionized and union-free employers. This Alert addresses the holding in Toering Electric Co., Cases 7-CA-37768, 7-CA-39093, and 7-CA-39205 (Sep. 29, 2007), a 3-2 decision critical of the union practice of submitting batch applications by union “salts” uninterested in actually working for the targeted employer. Recognizing that these applications are frequently submitted for the sole purpose of generating meritless unfair labor practice charges, the Board held that such individuals are not protected by the NLRA’s prohibition on discrimination. “In our view submitting applications with no intention of seeking work but rather to generate meritless unfair labor practice charges is not protected activity.”

Ford & Harrison LLP • September 07, 2007

The National Labor Relations Board announced on September 4 that it will hold oral arguments in a long-pending Las Vegas restaurant organizing case that will impact employers far beyond the glitz and glitter of the Las Vegas Strip. At issue are the rights of contractor employees to conduct organizing activities on the property of the employer who is contracting for their services.

Fisher & Phillips, LLP • August 09, 2007

Employers who have been involved in union election campaigns know that it's important to educate employees on all aspects of unionism, in order to counter the union's often pie-in-the-sky promises of more money, better benefits, and a chicken in every pot.

Ogletree Deakins • July 30, 2007

Organized labor has a new target in sight - the healthcare industry - and it has begun using creative ways to make an initial contact and to identify individuals who might be receptive to the union's message. Contacts have focused on social activism, legislative efforts, and improving the quality of patient care, although these issues may not be the union's true organizing objective.

Ogletree Deakins • July 30, 2007

The Service Employees International Union (SEIU) recently announced the creation of a "new national healthcare union" called "SEIU Healthcare." This major initiative could have significant ramifications on union organizing in healthcare.

Ford & Harrison LLP • July 02, 2007

Supporters of the so-called "Employee Free Choice Act," which would eliminate an employee's right to vote on whether to be represented by a union, failed to garner enough support in the Senate to close debate on the bill and proceed to final consideration. Thus, although the House approved the legislation in March, no further action will be taken on it during this Congressional term.

Ogletree Deakins • June 28, 2007

The federal appellate court with jurisdiction over South Carolina employers recently ruled against a nonunion employer who fired an employee for dishonesty after he started distributing union materials. According to the Fourth Circuit Court of Appeals, there was sufficient evidence that the employer, which did not thoroughly investigate the dishonesty allegation, was motivated by anti-union animus.

Ford & Harrison LLP • June 20, 2007

This week the U.S. Senate will vote on the so-called Employee Free Choice Act (EFCA), which would eliminate employees' right to vote on whether they want to be represented by a union in the workplace. As we discussed in a previous Legal Alert, this legislation would require the National Labor Relations Board (NLRB) to certify a union as the representative of employees whenever the NLRB finds that a majority of a company's employees in an appropriate bargaining unit have signed union authorization cards. The legislation would eliminate the NLRB’s secret ballot elections process, often referred to as the NLRB’s crown jewel, which ensures workers can express their opinion regarding union representation without coercion by either party.

Nexsen Pruet • March 07, 2007

With the political shift in Congress, several important labor or employment laws may significantly change.

Ogletree Deakins • March 06, 2007

Today, the U.S. House of Representatives voted 241-185 to pass H.R. 800, the misnamed "Employee Free Choice Act (EFCA) of 2007." With its passage by the House, organized labor's efforts to overhaul the Nation's labor laws cleared its first legislative hurdle. The bill now goes to the U.S. Senate that will take up either the House-passed bill or a companion bill to be introduced by Senate Health, Education, Labor and Pensions Committee Chairman Edward Kennedy (D-MA).

Fisher & Phillips, LLP • February 22, 2007

It seems incredible that, in America of all places, arguments must be mustered to support the idea of a secret-ballot election. Yet that is exactly the situation in the current Congress. Rep. George Miller (D-CA), current chairman of the House Education and Labor Committee, has introduced the oddly-named “Employee Free Choice Act,” (EFCA) perhaps better known as the “card check” bill. Its purpose is to eliminate the right of employees to decide via secret ballot whether they wish to be represented by a labor union or not.

Ford & Harrison LLP • February 20, 2007

The Fourth Circuit Court of Appeals recently enforced an order of the National Labor Relations Board (NLRB or the Board), finding that an employer violated the National Labor Relations Act (NLRA) by terminating a union salt for alleged dishonesty. See Integrated Elec. Servs. d/b/a Primo Elec., 4th Cir., No. 05-2289, unpublished opinion 2/13/07. The decision by the typically conservative court illustrates the risk in being overzealous in enforcing workplace rules in order to eliminate open union supporters and thereby thwart organizing activity.

Ogletree Deakins • February 14, 2007

New Congressional Leadership Introduces Union Organizing Measure To Guarantee Union Contracts.

Ogletree Deakins • January 26, 2007

Sieck guaranteed success in organizing, mandated contracts.

Ford & Harrison LLP • January 15, 2007

The potential hike in the federal minimum wage rate may not be the most significant legislation considered by the Democrat-controlled Congress this year. While the proposed minimum wage increase (an increase in stages over a two-year period, resulting in a $7.25 per hour minimum wage) will likely impact many employers, especially small businesses, employers should be more concerned about the so-called “Employee Free Choice Act,” which was introduced in 2005.

Ogletree Deakins • September 11, 2006

NLRB finds no legitimate justification for the conduct.

Ford & Harrison LLP • June 16, 2006

In a move that likely reflects the United Auto Worker's (UAW) concerns about its declining membership, delegates at UAW's national convention voted unanimously to amend its constitution to permit it to use part of its over $900 million strike insurance fund for organizing, political action, and other areas.

Ogletree Deakins • February 21, 2006

The recent exodus of several large unions from the AFL-CIO has prompted many to speculate about the future of the labor movement. It is certain that both the AFL-CIO and recently formed Change to Win Coalition will revisit organizing strategies and tactics. What remains uncertain is whether these strategies will be successful, and the magnitude of the growth.

Vedder Price • August 29, 2005

In 1938, a labor group that became the Congress of Industrial Organizations broke away from the American Federation of Labor in order to engage in large-scale organizing of the steel, auto and other industries. Labor leaders like Walter Reuther and John L. Lewis went on to unionize millions of workers.

Ogletree Deakins • August 10, 2005

On the opening day of the AFL-CIO’s national convention in Chicago, leaders of the International Brotherhood of Teamsters and the Service Employees International Union (SEIU) announced their decision to withdraw from the federation. Several days later, the United Food and Commercial Workers announced its departure. With the recent departures, the AFL-CIO has reportedly lost 3.6 million members.