The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board election. In a brief filed on April 11 in Cemex Construction Materials Pacific, LLC, No. 28-CA-230115, General Counsel Jennifer Abruzzo advocates to reinstate the doctrine set forth in Joy Silk Mills, 85 NLRB 1263 (1949), under which an employer faced with signed authorization cards indicating a union’s majority status has no right to insist on a secret ballot election unless it can establish a good faith doubt of the union’s majority status.
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to reinstate the Joy Silk doctrine, a Board standard that was rejected more than 50 years ago.
Despite the always shifting pendulum of labor law, unionization rates in the private sector have decreased and remained low since the 1970’s. However, a recent surge of unionization efforts, coupled with unique economic conditions and key initiatives at the National […]
For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National Labor Relations Board (NLRB) General Counsel Jennifer […]
Executive Summary: It is quite rare when a three-judge panel on a court of appeals overrules prior precedent. Yet, that is exactly what happened on March 30, 2022, in Pittsburgh Mailers Union Local 22 v. PG Publishing Co. Inc. (3d Cir. 2022), an important labor law case decided by the Third Circuit (covering New Jersey, Pennsylvania, Delaware, and the Virgin Islands). The question was: does an arbitration clause in a collective bargaining agreement (CBA) survive the expiration of the CBA, and does it remain effective while the parties are attempting to negotiate a new CBA? The court answered that question in the negative.
Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union organizing (which she calls “captive audience” meetings).
National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled jurisprudence.
Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal on a five-year collective bargaining agreement (CBA).
In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in which it held that physicians are not supervisors under the National Labor Relations Act (the Act) simply
In the first quarter of 2022, unions filed over 550 election petitions in the United States, compared with only 290 in the first quarter of 2021. It is the largest first-quarter number filed in the past seven years. While part of the increase can be attributed to the SEIU (Service Employee International Union), which has filed dozens of petitions at Starbucks facilities throughout the United States, many believe that pandemic-induced labor market issues and the rise of worker autonomy have created an opportunity for organized labor.
Earlier this week, National Labor Relations Board (“NLRB”) General Counsel, Jennifer Abruzzo released a memo urging Biden’s pro-union Board to declare that employers can no longer hold “captive audience” meetings. “Captive audience” meetings, which are currently permitted, occur when employers hold mandatory meetings, during working hours, to present facts, opinions, and reasons to vote against forming a union during an election campaign.
On April 7, 2022, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 22-04, The Right to Refrain from Captive Audience and other Mandatory Meetings.
Yesterday, the National Labor Relations Board (“NLRB”) put out a press release showing that there has been significant growth in the number of representation petitions being filed for union elections with the Board.
Amazon is notorious for treating their warehouse and transportation employees poorly, but recent allegations have accused Amazon of treating their white collared positions appallingly as well. An anonymous source claims that he took a job with Amazon because of the enticing salary of 300,000 dollars a year, believing that
In This Issue Brian in Brief More Pro-Labor GC Memos Issued A Slew of Activity at the Board Union Membership Down, Public Opinion Up? Other NLRB Developments