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.
Articles Discussing Labor Union Organizing.
Employers Take Note! Labor’s Resurgence Could be Real this Time
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 […]
NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful
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 […]
Following the Doctor’s Orders: NLRB Decision Prescribes Union Election for Physicians
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
Employers Should Take Note of Recent Union Organizing Activities
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.
Labor Attempts to Further Restrict Employers During Rising Union Campaigns
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.
Union Activity is Rising at an Aggressive Rate
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.
Inhumane Amazon Culture
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
Mandatory Unionization at Large Federally-Funded Construction Projects
The federal infrastructure law devotes billions of dollars to construction sites and other projects. When the law was initially proposed, there was skepticism and concern that the huge federal investment would come with consequences such as mandatory unionization. See our prior article here.
Putting USMCA to the Test, GM Workers in Mexico Vote to Join New Union
Workers at a General Motors Co. (GM) plant in Mexico have voted in favor of union representation. The vote was made possible by Mexico’s new labor law, which was enacted as a result of the United States-Mexico-Canada Agreement (USMCA).
NLRB’s Invitation to File Briefs and Activist General Counsel Signal the Good Old Days May Be Now for Organized Labor
On January 20, 2022, the U.S. Department of Labor’s Bureau of Labor Statistics reported that union membership in the United States had dropped to a historic all-time low. The decline in membership is prompting unions to consider strategies to replenish their depleted ranks with new dues-paying members.
Upcoming Labor Changes—“Micro Units”
Nearly a year after his inauguration, President Biden has completed the shift of the National Labor Relations Board (“NLRB”) to a pro-union majority. See our prior article here. The reconstituted NLRB will devote significant time reviewing and changing important labor law precedents and rules during the coming year. These changes will likely make it increasingly challenging for employees and employers to remain union-free.
Union Organizing in the Manufacturing Industry
Despite the low union membership rate in the private sector nationally and consistent unionization rates in the manufacturing industry in recent years, the external labor-organizing environment remains aggressive.
The Unlikely Marriage of Unions and Tech Employees (Podcast)
Unions are successfully targeting workers in the technology industry, even as employees transition to a more remote workplace during the pandemic.
Employer Entitled to Hearing Over Challenge to Signature on Mail Ballot
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
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