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Category Archives: Union Organizing Campaigns

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Could Employee Choice End Labor Unions’ Influence?

In 2016 private sector union membership dropped to its lowest level in history – a dismal 6.4%. Given the laws and systems in place related to union membership, this means that at least 94.6% of all American private sector workers currently choose not to be union members. The drop, recently reported in a routine annual… Continue Reading

Key NLRB Decisions in 2016 – Employment Law This Week

The year-end episode of Employment Law This Week  looks back at the biggest employment, workforce, and management issues in 2016. Our colleague Laura Monaco discusses the National Labor Relations Board’s decision in Miller & Anderson, which expanded the already-relaxed joint-employer standard adopted by the Board in its August 2015 decision in Browning Ferris Industries.  The show also reviews the Trustees… Continue Reading

NLRB Uses Hyper-Technical Rule to Overturn Employer’s Landslide Election Victory

As we previously reported, the ambush election rules implemented by the National Labor Relations Board (“Board”) last year tilted the scales of union elections in labor’s favor by expediting the election process and eliminating many of the steps employers have relied upon to protect their rights and those of employees who may not want a… Continue Reading

Union Organizing at Retail and Food Service Businesses Gets Boost from New York City “Labor Peace” Executive Order

A new Act Now Advisory will be of interest to many of our readers in the retail and food service industries: “Union Organizing at Retail and Food Service Businesses Gets Boost from New York City ‘Labor Peace’ Executive Order,” by our colleagues Allen B. Roberts, Steven M. Swirsky, Donald S. Krueger, and Kristopher D. Reichardt… Continue Reading

NLRB Finds “Discharge” Is an “Actual Discharge” and Violates the National Labor Relations Act Even If It Is Immediately Reversed and Employee Suffers No Harm

The National Labor Relations Board (“NLRB” or “Board”) has reversed the findings of an Administrative Law Judge (“ALJ”) who found that an employee who was told he was fired and then almost instantly told by the owner of the company he worked for that he was not fired and continued to work without any loss… Continue Reading

DOL Releases Final Rule on Labor Relations Consultants – Employment Law This Week

One of the featured stories in Employment Law This Week is the DOL’s publication of its controversial final rule around labor relations consultants. The so-called “Persuader Rule” requires employers to disclose when they hire a consultant to help fight attempts at unionization. But the rule, as written, is potentially much broader and could require employers… Continue Reading

Department of Labor Releases New Persuader Rule Intended to Aid Union Organizing

The US Department of Labor has finally issued its long awaited Final Rule radically reinterpreting the “Advice Exemption” to the Labor Management Reporting and Disclosure Act of 1959 (“LMRDA.”).  The Final Rule eviscerates any meaningful use of the Advice Exemption, which would be swallowed up by the new expansive definition of persuader activity which could… Continue Reading

West Coast Tech Drivers Unionize – Employment Law This Week

The top story on Employment Law This Week – Epstein Becker Green’s new video program – explores the push towards unionization of West Coast on-demand drivers. Drivers for personal transportation company WeDriveU, who drive Facebook employees to and from work, have voted to unionize with the Teamsters. This brings the total to more than 450 shuttle drivers… Continue Reading

NLRB and ALJ Strike Down Button and Stickers Bans

Last month, in two separate cases, the National Labor Relations Board (“NLRB” or the “Board”) and an NLRB Administrative Law Judge (“ALJ”) found against employers in cases involving the right of employees to wear union insignia at work. While the Board has long held that wearing union t-shirts, stickers and the like is a form… 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

Salon Writers and Editorial Staff Demand Representation by The News Guild – Union Organizing in Electronic Media Continues to Grow

In the footsteps of last month’s union election at Gawker, an electronic news site, it has now been reported that all 26 of the writers and editors of San Francisco-based at Salon, another on line news organization, have served the publication with a letter announcing that each of them has designated the News Guild, which until… 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

Gawker Media Employees Vote For Union Representation – What Does This Mean?

On June 3, 2015 editorial employees at Gawker Media (“Gawker”) voted to be represented by the Writers Guild of America, East (“the Union”).  In this closely watched organizing drive, employees of a leading “new media” outlet, chose an old line print journalism union to bargain with their employer, becoming one of the first (if not… 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

McDonald’s-Franchisee Joint Employer NLRB Hearing Begins, SEIU Expands Fight for Fifteen and Other Developments

The National Labor Relations Board (“NLRB”) unfair labor practice hearing  against McDonald’s, USA, LLC (“McDonald’s) and numerous franchisees opened in New York City on Monday March 30, 2015, before Administrative Law Judge (“ALJ”) Lauren Esposito. (“ALJ”), a former NLRB field attorney and union lawyer. Also this week, the Service Employees International Union (“SEIU”) announced that… Continue Reading

NLRB Extends “Specialty Healthcare” to Acute Care Hospitals: Carves Unit into Multiple Smaller Pieces

My colleague Barry A. Guryan published a Health Employment And Labor (HEAL) blog post that will be of interest to many of our readers: “NLRB Extends “Specialty Healthcare” to Acute Care Hospitals: Carves Unit into Multiple Smaller Pieces.” Following is an excerpt: Ever since 1974, when the NLRB (“Board”) first took jurisdiction over health care institutions, the… Continue Reading

Teamsters and Technology II – Labor’s “Silicon Valley Rising” Campaign

Last week we reported on the fact that Teamsters Local 853 and Loop Transportation had completed negotiations for a first collective bargaining agreement covering a unit of shuttle bus drivers who provide transport for employees of Facebook.  We pointed out that employers in technology, media and telecommunications were facing union organizing targeting employees of their… Continue Reading

Teamsters and Technology : Developing Labor Issues for Technology Industry Employers

Employers in the Technology Media and Telecommunications (“TMT”) industries have generally not thought that union organizing was an issue that affected their businesses and workforces.  Recent developments suggest that this is no longer the case. These industries have earned reputations for innovative workplaces, generous benefits, and free food. At the same time, technology companies have… Continue Reading

Attend EBG’s 2015 Labor Briefings in Westchester County, New York and Los Angeles, California

New Union Rules and Rulings: Proactive Strategies for Employers Facing Today’s Aggressive National Labor Relations Board and New Expedited Representation Elections April 14, 2015 – Hilton Westchester, Rye Brook, New York May 7, 2015 – The L.A. Hotel Downtown, Los Angeles, California The National Labor Relations Board (NLRB) has adopted dramatic new rules and processes… Continue Reading

NLRB’s New Election Rules Challenged As Unconstitutional

On January 5, 2015, less than one month after the National Labor Relations Board (NLRB) voted to adopt a Final Rule to amend its rules and procedures for representation elections, a lawsuit has been filed in the US District Court for the District of Columbia, asserting that the Board exceeded its authority under the National Labor Relations Act (Act)… Continue Reading

NLRB’s Expedited Election Rules Favor Labor, Not Employers

In our new Act Now Advisory, “NLRB Adopts Expedited Election Rules, Effective April 15, 2015,” we report on the National Labor Relations Board’s new rules for representation elections. These rules will substantially shorten the time between the point when a union files a petition for a vote and the timing of the vote, severely limit… Continue Reading

BIG MAC ATTACK : NLRB General Counsel Argues Franchisees and McDonald’s Are Joint Employers

NLRB General Counsel Richard Griffin announced on Tuesday July 29th   that he has authorized issuance of Unfair Labor Practice Complaints based on 43 of 181 charges pending against McDonald’s, USA, LLC and various of its franchisees, in which the Board will allege that the company and its franchisees are joint-employers. If the General Counsel… Continue Reading

NLRB Drops Next Shoe On Micro-Units In Retail: Finds Bergdorf Goodman Women’s Shoe Sales Employees Not An Appropriate Unit

The NLRB finds that the women’s shoe sales employees at Bergdorf Goodman’s New York Store are not an appropriate unit for bargaining. The Board’s unanimous decision to reverse the Regional Director’s finding that the shoe sales team did constitute an appropriate unit and could have their own vote on union representation comes one week after… Continue Reading