Articles Discussing Labor Union Organizing.

Unions are successfully targeting workers in the technology industry, even as employees transition to a more remote workplace during the pandemic. 

On June 25, 2021, the National Labor Relations Board (Board) decided in College Bound Dorchester, Inc. and Service Employees International Union Local 888, Case No. 01-RC-261667 (2021), that an employer’s challenge to a ballot signature raised substantial and material issues as to whether the ballot was cast by an

Union organizing often collides with an employer’s private property rights. In a decision issued this month, Cedar Point Nursery v. Hassid, the United States Supreme Court ruled in favor of the right to protect private property against intrusion by union organizers.

“Absent threats or promises, § 8(c) [of the National Labor Relations Act] unambiguously protects ‘any views, argument or opinion’ – even those that the agency finds misguided, flimsy, or daft,” the D.C. Circuit has held. Trinity Services Group, Inc. v. NLRB, No. 20-1014 (D.C. Cir. June 1, 2021)

The Court

On June 9, 2021, the National Labor Relations Board held that a party’s solicitation of one or more mail ballots constitutes objectionable election conduct that may warrant setting aside an election.  Professional Transportation, Inc. and United Electrical, Radio, and Machine Workers of America, Local 1077, 370 NLRB No.

President Biden continues to make good on his campaign promise to be the most labor-friendly president ever.  On April 26, 2021, he issued an executive order that seeks to increase union organization and strengthen the hand of organized labor.  The order, which notes that the federal government in recent

On Monday, President Biden signed an executive order creating a White House task force to promote labor organizing.  The task force will be led by Vice President Kamala Harris and will also include cabinet officials and top White House advisers.

The task force will be responsible for providing recommendations on

This past month’s Amazon union election in Alabama received more national attention than any other union election since the Boeing election in South Carolina in February 2017. The press covered it very closely. Politicians offered their views on it. Even President Biden commented on it.

Notwithstanding the publicity, the efforts of the Retail, Wholesale and Department Store Union (RWDSU) failed miserably. Despite a massive campaign by the RWDSU, only 12.5% of the eligible workers actually voted to unionize. Slightly more than half of the 5,800 employees in the proposed bargaining unit cast their ballots. 1,798 rejected unionization and only 738 employees voted in favor of RWDSU representation.

Employers can expect union and political pressure to push for neutrality agreements. President Joe Biden had signaled his approval of employers that enter into union neutrality agreements, including making a campaign promise that he would ensure federal contracts are awarded only to employers that sign union organizing neutrality agreements.

A revived “Protecting the Right to Organize Act,” or PRO Act, has passed the House of Representatives again. The sponsors described the bill as comprehensive labor legislation aimed at bolstering workers’ collective bargaining rights. The bill is in the Senate and was referred to the Committee on Health, Education, Labor and Pensions on March 11, 2021.

What do approximately 6,000 employees in Alabama have in common? They are waiting for their ballots to be counted and related legal challenges decided by the National Labor Relations Board (NLRB) as part of a union campaign at Amazon’s Distribution Center in Bessemer, Alabama.  Because of the pandemic, voting has occurred using mail-in ballots, a cumbersome and sometimes controversial process.  The initial election results will likely be known this week, but the long-term outcome and consequences of the election may not be known for many months or even years.  

The National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and universities from coverage under the National Labor Relations Act (NLRA).

The National Labor Relations Board (NLRB) announced their intention to publish a Notice of Withdrawal in the Federal Register, withdrawing a proposed rule regarding undergraduate and graduate students.

The proposed rule would have exempted from the NLRB’s jurisdiction those students who perform services for financial compensation in connection with their

We have previously posted on the Protecting the Right to Organize Act (“PRO Act”) and how it would strengthen workers ability to unionize across the country.  On March 8, 2021, the PRO Act got a major boost of support from the Biden Administration. In a formal “Statement of Administration Policy”

Federally funded projects and unionization often go together.  One way is through “Project Labor Agreements” (“PLAs”), which are often connected to federally funded construction and infrastructure projects.  A PLA is a type of collective bargaining agreement between a union and a construction industry employer.  A unique feature of a PLA is that it can achieve mandatory unionization of an entire construction site without support by a majority of employees working on that project.