On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the National Labor Relations Board (NLRB), setting up a legal challenge that
Articles Discussing Labor Union Organizing.
Union Petitions Spike in 2022 and 2023, Ogletree Deakins NLRB Data Tracking Shows
Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while the average time to close petitions saw a significant drop in 2023, according to public
NLRB Regional Director Rules Dartmouth Basketball Players Are Employees, Setting Up Potential Landmark Board Case
On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor Relations Act (NLRA) and have the right to a union election. The ruling sets up what
NLRB Regional Director Rules Dartmouth College Basketballs Are Employees, Setting Up Potential Landmark Board Case
On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor Relations Act (NLRA) and have the right to a union election. The ruling sets up what
NLRB General Counsel Offers Some Clarity on Responding to Union Organizing Demands for Bargaining
NLRB general counsel memo provides guidance on recent decision expanding use of bargaining orders. Footnotes to the memo address how unions can demand bargaining, what kind of misconduct will trigger a bargaining order, and how employers can challenge union-proposed election units.
HEADS, I WIN – TAILS, YOU LOSE: The NLRB’s Decision in Cemex and Its Recently (Re)issued Election Rules Pave the Way for Unions to Organize Workplaces Quickly With or Without an Election
Executive Summary: For nearly 90 years, whether employees desired union representation was determined through a secret ballot election administered by the National Labor Relations Board (NLRB or Board). Though the National Labor Relations Act (Act) permits the use of other means to establish a union’s majority support, the Board and courts have long recognized the “method that best protects employees’ freedom of choice and best ensures majority rule is a Board-conducted, secret ballot election.” After legislative efforts to replace secret ballot elections with “card check” recognition failed (see, e.g., the Employee Free Choice Act and the Protecting the Right to Organize Act), the unelected NLRB has effectively done so on its own.
Act Fast: National Labor Relations Board Reverts to Shortened 2014 Representation Election Timeframe
The National Labor Relations Board issued a final rule revising representation election procedures that will take effect on December 26, 2023. When implemented, the final rule will return to the “Quickie” or “Ambush” election rules originally adopted in 2014.
Labor Board Issues New Election Rules and Made It Easier for Workers to Unionize without a Vote
The National Labor Relations Board (Board) continued its efforts to facilitate union organizing this week and upended significant aspects of prior precedent by: (1) issuing a Final Rule amending (and expediting) election procedures; and (2) making it easier for unions to circumvent those election procedures through a demand for recognition.
NLRB Adopts New Union-Friendly Recognition Standard
On August 25, 2023, the National Labor Relations Board (NLRB) adopted a new standard for union representation that requires an employer to recognize and bargain with a union that has demonstrated majority status unless the employer challenges the union’s support through an employer-initiated NLRB election, and does so without committing
NLRB Reverts to Quick Union Elections Rules
On August 24, 2023, the National Labor Relations Board (NLRB) announced a new final rule for union elections that revives the prior “ambush election” rules. The new rule compresses the time period between the time a representation petition is filed and the actual election. The impact of the rule is
Live from CCC2023 Ep. 2: Pay, Privacy, Unions—and the Rise in Employee Activism
Welcome and thank you for joining us for this special edition of We Get Work, live from Jackson Lewis’ Corporate Counsel Conference, CCC2023, at the Waldorf Astoria Monarch Beach resort in Orange County, California. What follows are high level conversations on conference programs and why they were important topics to present now.
The Year Ahead in Caffeinated Organizing
With a White House and NLRB that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023. Jackson Lewis principals Laura A. Pierson-Scheinberg and Felice B. Ekelman discuss what employers could or should do, especially since the “renaissance” is less governmental and more groundswell.
Union Membership Boom or Bust? Five Reasons the National Union Membership Rate May Increase in 2023
On January 19, 2023, the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) reported that the national union membership rate declined from 10.3 percent in 2021 to 10.1 percent in 2022.
Private Sector Union Membership Rate Declines in 2022
The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private sector union membership peaked in the mid-1950s.
While organizing activity increased in
With American Steel, Micro-Units Are Again a Likely Possibility
As urged by unions, in American Steel Construction the NLRB overturned the unit determination standard of PCC Structurals and returned to its prior Specialty Healthcare approach. As long as a union’s petitioned-for bargaining unit consists of a clearly identifiable group of employees who share a community of interest,