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Home > Federal Law Articles > Labor Law > Union Organizing

Articles Discussing Labor Union Organizing.

Will Federal Funding Result in Mandatory Unionization?

March 3, 2021 | Nexsen Pruet Filed Under: Union Organizing

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. 

VIDEO: Proactive Strategies to Address Unionization in your Business

February 22, 2021 | Nexsen Pruet Filed Under: Union Organizing

Amazon employees in Bessemer, Alabama, will soon decide if they want to remain union-free or to unionize. Employment attorney William Floyd discusses how the process raises questions and insights for other union-free employers and employees.

PRO Act Would Upend U.S. Labor Laws for Non-Union and Unionized Employers Alike

February 11, 2021 | Littler Filed Under: Union Organizing

Littler

On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act.  Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during his candidacy, and the PRO Act was a cornerstone of his election platform.

Despite New GC Guidelines, Mail Ballot Elections the Norm

July 30, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

The early evidence is in, and the results are clear. National Labor Relations Board (NLRB) Regional Directors decidedly have not embraced the General Counsel’s (GC) guidelines on conducting manual ballot (in-person) elections during the COVID-19 pandemic. Memorandum GC 20-10 “Suggested Manual Election Protocols” (July 6, 2020). For more on the

NLRB’s Final Election Protection Rule Takes Effect July 31

July 28, 2020 | Littler Filed Under: NLRB, Union Organizing

Littler

As the National Labor Relations Board moves toward resuming manual elections during the COVID-19 pandemic, the Board’s Final Election Protection Rule will take effect on July 31, 2020.

NLRB Employees Union to NLRB: Rescind Manual Election Guidelines

July 17, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

The National Labor Relations Board Union (NLRBU), which represents the employees of the National Labor Relations Board (NLRB), wants NLRB General Counsel (GC) Peter Robb to rescind his guidelines about how to conduct representation elections in-person during the COVID-19 pandemic.

The alternative is to conduct such elections by mail ballot.

Judge Rejects AFL-CIO Effort to Invalidate Entire Election Rule

July 9, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

The legal saga of the National Labor Relations Board’s (NLRB) new election rule took another turn on July 1 when a federal judge found the rule was a proper exercise of statutory interpretation.* 

The entire new rule was scheduled to go into effect on May 31, but U.S. District Court

NLRB Specifies Recommended Protocols for Manual Elections During COVID-19

July 9, 2020 | Littler Filed Under: Coronavirus, NLRB, Union Organizing

Littler

After months of permitting almost exclusively mail ballot elections due to concerns surrounding the spread of COVID-19, the National Labor Relations Board released “suggested” protocols on July 6, 2020 for holding manual elections.  These protocols will facilitate a return to in-person secret ballot voting, which is generally considered far

NLRB GC to Publish Manual Ballot Protocols

July 5, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

National Labor Relations Board (NLRB) General Counsel Peter Robb appears to want NLRB Regional Directors to give more consideration to holding manual, rather than mail, ballot elections than they have during the COVID-19 pandemic.

According to Employment Law360, during a National Employment Law Council webinar, Robb announced he will post

Judge Issues Detailed Opinion Invalidating Parts of New NLRB Election Rules

June 9, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

U.S. District Court Judge Ketanji Brown Jackson of the District of Columbia has issued a detailed memorandum opinion explaining the reasoning behind her May 30, 2020 order granting summary judgment invalidating portions of the National Labor Relations Board’s (NLRB) revised rules for representation case elections. AFL-CIO v. NLRB, No.

U.S. District Court Vacates Parts of New NLRB Election Rules and Remands Non-Vacated Parts for Reconsideration

June 4, 2020 | Ogletree Deakins Filed Under: Union Organizing

In an abbreviated order issued on May 30, 2020, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia ruled that the National Labor Relations Board (NLRB) improperly implemented portions of the final rules on representation elections initially scheduled to take effect on April 16, 2020.

Despite Court Ruling, NLRB Implements Much of New Election Rule

June 4, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

The National Labor Relation Board (NLRB) has implemented several parts of its new election rule. U.S. District Court Judge Ketanji Brown Jackson enjoined parts of the rule that, in her view, were not lawfully promulgated. AFL-CIO v. NLRB, No. 20-CV-0675 (D. D.C. May 30, 2020). For more on the ruling,

NLRB Moves Forward with Bulk of Final Election Rule Changes Despite Blow Dealt by Federal Court

June 2, 2020 | Littler Filed Under: Union Organizing

Littler

On Saturday, May 30, 2020, one day before the effective date of the National Labor Relations Board’s Final Rule on Representation Case Procedures, a judge on the U.S.

District Court Hits “Pause” on New NLRB Election Rule

May 31, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

The United States District Court for the District of Columbia has blocked several of the provisions of the National Labor Relations Board’s (NLRB) new election rule. Judge Ketanji Brown Jackson court held that those aspects of the new rule were not lawfully promulgated, because the NLRB did not follow the

NLRB Orders Mail Ballot Election Delayed by Pandemic Concerns to Proceed

May 14, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

The National Labor Relations Board (NLRB) has lifted its stay of a mail ballot election ordered by a Regional Director and denied the employer’s Request for Review of the Regional Director’s decision, based on the COVID-19 pandemic, to order a mail, rather than manual, ballot election. Atlas Pacific Engineering Company,

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