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Category Archives: Election Rules

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Miscimarra Indicates the Future Trump NLRB – Employment Law This Week

Featured on Employment Law This Week – Philip Miscimarra, Acting Chairman of the National Labor Relations Board (NLRB), has given a strong indication of the changes likely to come once President Trump fills vacant seats on the NLRB. In a sharply worded dissent, Miscimarra doubled down on his disagreement with the NLRB’s controversial 2014 rule… Continue Reading

D.C. Court of Appeals Highlights Importance of Offers of Proof in NLRB Representation Hearings Under Expedited Election Rules

A recent decision of the United States Court of Appeals for the District of Columbia Circuit in connection with an employer’s challenge to a National Labor Relations Board (“NLRB” of “Board”) representation election in which the Board certified a “wall to wall” bargaining unit provided clear evidence of just how critical it is for employers… Continue Reading

NLRB Scraps Rule on Mixed-Guard Unit Recognition – Employment Law This Week

Featured on Employment Law This Week: The NLRB reverses its mixed-guard unit recognition rule. If a union represents both security guards and other employee groups, then an employer’s decision to recognize the union is voluntary. Before this decision, employers could also withdraw their recognition if no collective bargaining agreement was reached.  Now, employers must continue… Continue Reading

Unions Can Now Use Electronic Signatures for Showing of Interest for NLRB Elections

Unions no longer will need to gather employees’ signatures on authorization cards before they can file a petition with the National Labor Relations Board (“NLRB” or “Board”) for a representation election.  General Counsel Richard F. Griffin, Jr. has issued Memorandum 15-08 (pdf) announcing that effective immediately unions filing petitions will be allowed to submit and the Board… Continue Reading

NLRB Elections Now 40% Quicker – Median of 23 Days From Filing

Evidence continues to mount as to how much more quickly representation elections are being held since the National Labor Relations Board’s (“NLRB” or “Board”) Amended Representation Election Rules that took effect on April 14, 2015. Melanie Trottman of The Wall Street Journal has crunched the data and reports today that the median number of days… Continue Reading

NLRB Signals It Is About to Make It Much Easier For Unions to Organize Temps and Contingent Workers – Temps and Regular Employees To Be Included in Same Bargaining Unit

The National Labor Relations Board (NLRB or Board) invited interested parties to submit amicus briefs in Miller & Anderson, Inc. in connection with the Board’s reexamination of critical issues affecting the ability of unions to organize employees employed by temporary and staffing agencies (“temporary employees”) in the same bargaining units as employees of an employer… Continue Reading

NLRB Dramatically Educates Private School on Meaning of Concerted Protected Activity

While we have been reminding readers of the fact that  the National Labor Relations Act (the “Act”) protects employees regardless of whether they are represented by a union and the Act applies to non-unionized workforces, too, recently  a National Labor Relations Board (the “NLRB”) Administrative Law Judge issued a decision following an unfair labor practice… Continue Reading

Gawker, “New Media,” and Labor Unions—More Insights

Last week we reported on the June 3rd vote by Gawker media’s employees for union representation and speculated what it meant in the broader context of union organizing among Millennials. Today, Rachel L. Swarns of the New York Times provided some insight based on interviews and reporting with Gawker workers. The article notes a recent study… Continue Reading

Worse Than Feared … NLRB Reports First Month of Ambush Election Rules Yields More Petitions, Dramatically Quicker Elections

A couple weeks ago we provided anecdotal reports from several NLRB Regional Directors that after one month the new Ambush Election Rules union elections were being held in considerably less time, with the Regional Directors claiming elections were being scheduled between 25-30 days.  Last week, according to BNA’s Daily Labor Report and Law360, the NLRB… Continue Reading

Regional Directors Report Data on the NLRB’s Amended Representation Election Rules After One Month—Court Challenges Continue

May 14th marked the one-month anniversary of the effective date of the NLRB’s Amended Representation Election Rules (“amended rules”).  That day, the Regional Directors for NLRB Regions 2 (New York, NY), 22 (Newark, NJ), and 29 (Brooklyn, NY) discussed their offices’ experiences processing representation petitions filed since the amended rules took effect on April 14th. With respect to… Continue Reading