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Report Link Decrease in Union Election Wins May Mean Organizing Pressure on Employers to Increase.Jackson Lewis LLP - June 06, 2008 For the first time in more than a decade, the rate at which unions won representation elections conducted by the National Labor Relations Board decreased in 2007. The rate of union wins declined to 60.1%, down from 61.4% in 2006, according to a report published by the Bureau of National Affairs on June 2. In 2007, the number of elections won by unions was 902, as compared to 1,018 in 2006. Report Link Labor Board Ruling Stresses Importance of Ballot Secrecy in Setting Aside an Election.Jackson Lewis LLP - January 02, 2008 Adopting a strict standard to protect ballot secrecy, the National Labor Relations Board (the "Board") set aside the results of a union election in which two late-arriving employees cast their ballots outside a voting booth in a public room. The Board found that the employees voted in a manner "entirely too open and too subject to observation to insure secrecy of the ballot," and ordered that a new election be held. Setting aside an election the union won (7 to 6, with 1 void ballot), the Board did not require any evidence showing the latecomers were barred from freely casting their votes. Columbine Cable Company, Inc., 351 NLRB No. 65 (Nov. 30, 2007). Report Link Hospitality Industry: Box Score (Union Elections)Fisher & Phillips, LLP - December 06, 2007 August and September saw a big spike in union petitions at hospitality employers. Here are 17 we are aware of, all filed in the same two-month period. Report Link Distribution of Altered Sample Ballot Not Objectionable if Board’s Newly Revised Sample Ballot is Used.Ford & Harrison LLP - October 26, 2007 The National Labor Relations Board (NLRB) recently announced that it will not set aside a representation election based on a party’s distribution of an altered sample ballot, provided the altered ballot is an actual reproduction of the Board’s recently revised sample ballot, which includes newly added disclaimer language. See Ryder Memorial Hospital, 351 NLRB No. 26 (September 28, 2007). In Ryder, the Board announced that it has revised the sample ballot included with a Notice of Election to include a disclaimer stating: “The National Labor Relations Board does not endorse any choice in this election. Any markings that you may see on any sample ballot have not been put there by the National Labor Relations Board.” Report Link NLRB Dramatically Changes Rules Regarding Union Recognition.Fisher & Phillips, LLP - October 05, 2007 In a decision that overturns more than 40 years of precedent, the National Labor Relations Board announced yesterday that the "recognition bar," which precludes a decertification election for 12 months after an employer recognizes a union, does not apply when that recognition is voluntary, based on a card check. Dana Corp.; Metaldyne Corp. 351 NLRB No. 28 (2007). Report Link Legal Alert: NMB Finalizes Internet Voting Procedures.Ford & Harrison LLP - October 01, 2007 On September 14, 2007, the National Mediation Board (NMB) published its final rules regarding its previously announced intent to introduce Internet Voting in elections overseen by the agency. Effective October 1, 2007, employees in such elections will have the option of voting either by the Telephone Electronic Voting (TEV) system currently in use or via the Internet. Report Link Maintaining Valid No-Solicitation and No-Distribution Policies.Fredrikson & Byron, P.A. - September 08, 2005 Employers frequently implement no-solicitation and no-distribution of literature policies to help control the workplace and prohibit employees from promoting non-job related causes during work time. These policies also are effective tools for fighting union-organizing campaigns. The National Labor Relations Act governs these policies for all union and non-union employers. Report Link Connecticut Supreme Court Rejects Union's Effort to Distribute Literature in Mall.Jackson Lewis LLP - March 17, 2005 Rejecting the union's position, the court affirmed the judgment in favor of the mall. In doing do, it relied on an earlier decision where it upheld the mall owners' right to deny access to solicit signatures for a petition. Report Link Despite Victory for Employer, NLRB Decision Reminds Employers That Improper Handbook Language Can Overturn Election Results.Littler Mendelson, P.C. - March 01, 2005 In a decision that must be viewed by employers as both a relief and a reminder, a divided National Labor Relations Board held that an overbroad non-solicitation policy found in an employee handbook was not sufficient to overturn a union representation election. Report Link Instead of Bargaining, Labor Board Orders Rerun Election for Hospital's Unfair Practices.Jackson Lewis LLP - December 10, 2004 A Florida hospital that committed numerous unfair labor practices during a union campaign was not ordered to bargain with the union to remedy the violations. Report Link NLRB’s Crown Jewel Tarnished, But Election Results Stand (pdf).Vedder Price - October 05, 2004 During a break in voting, the union’s observer asked the
National Labor Relations Board agent conducting the
election why companies don’t like unions. The Board agent
said, 'Companies don’t like unions because they cannot fire
or hire anyone, and they cannot take benefits from the staff.' Report Link Labor Board to Decide if Voluntary Recognition, Neutrality Agreements Continue to Bar Union Elections.Jackson Lewis LLP - June 24, 2004 On June 7, 2004, the National Labor Relations Board, in a 3-2 decision, agreed to review whether an employer's agreement voluntarily to recognize a union based on a check of signed authorization cards is a bar to an employee decertification petition. Report Link Employees of Unionized Facility Should Have Been Permitted to Distribute Union Literature at Nonunion Facilities.Jackson Lewis LLP - November 03, 2003 A nursing home employer in California violated its employees’ rights to organize by prohibiting its unionized employees from distributing union literature in outside, nonwork areas at another nonunion site. Report Link More Elections, More Union Wins in 2002.Jackson Lewis LLP - September 22, 2003 For the sixth straight year, union victories in elections conducted by the National Labor Relations Board have increased.
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ArticlesFound: 14 ArticlesSUBTOPICS Employment Law Seminars
Complimentary Breakfast Briefing for In-House Counsel, Senior Management and HR Professionals
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July 22, 2008 Ford & HarrisonBehind The Complaint: Workplace InvestigationsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLPI-9 & E-Verify, R-U-Ready?: Recent Developments In Immigration Recordkeeping.Online
July 24, 2008 Ford & HarrisonEmployment and Labor Law 2008: CLE Program and GolfColumbus
July 25, 2008 LittlerSection 409A: Countdown to Compliance - LiveOnline
July 30, 2008 McQuire WoodsTEXAS EMPLOYMENT LAW BREAKFAST BRIEFINGSugar Land
July 31, 2008 Phelps DunbarWinning with the EEOCAtlanta
2008-8-6 Jackson Lewis LLPMississippi Employment Law SeminarBiloxi
August 7-8, 2008 Phelps DunbarReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
August 12 2008 Ballard Rosenberg |
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