Yesterday, December 15, 2014, the National Labor Relations Board issued its Final Rule amending election procedures in what most observers are calling the “Quickie Election” Rule. Once the rule becomes effective in April, elections will be held approximately 10 to 21 days after a union election petition has been filed – with profound consequences for non-union employers.
Continue Reading NLRB Re-Issues “Quickie Election” Rule In Continuous Effort to Boost Union Organizing
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Bringing Politics into the Workplace during Election Season: A Wise Move for Employers?
Mitt Romney recently drew criticism for commenting to the National Federation for Independent Business (NFIB) that employers should weigh in on the upcoming election when speaking to employees. Specifically, Romney told NFIB members: “I hope you make it very clear to your employees what you believe is in the best interest of your enterprise and therefore their job and their future in the upcoming elections.” Romney went on to say that there is “[n]othing illegal about you talking to your employees about what you believe is best for the business, because I think that will figure into their election decision, their voting decision and of course doing that with your family and your kids as well.” These comments likely had many HR professionals across the country asking, “Can employers really do that?”…
Continue Reading Bringing Politics into the Workplace during Election Season: A Wise Move for Employers?
NLRB’s “Quickie Election” Rule Held Invalid on Technical Grounds
Back in December, we posted about the NLRB’s resolution to change union election procedures. Among other things, the pro-union rule shortened the time between the filing of an election petition and the date of the election, thereby making it more difficult for employers to communicate with employees prior to the vote. Following a vote on the final rule, the rule took effect on April 30, 2012. However, on May 14, 2012, the union election rule was held to be invalid.
Continue Reading NLRB’s “Quickie Election” Rule Held Invalid on Technical Grounds
NLRB Again Postpones Employee Notice Rule’s Effective Date
On December 23, 2011, the National Labor Relations Board announced that it had agreed to again postpone the effective date of its controversial Employee Notice Posting Rule. In the news release announcing the postponement, the Board confirmed that the postponement was agreed to at the request of a federal court in Washington, D.C., which is hearing one of the legal challenges to the Notice Posting requirement.
On October 6, 2011, we discussed the requirements of the Notice Posting Rule and the Board’s announcement that it was delaying the implementation date for the Notice Posting Rule until January 31, 2012. The Notice Posting Rule will now become effective on April 30, 2012, if the challenges to the Rule are unsuccessful.
Continue Reading NLRB Again Postpones Employee Notice Rule’s Effective Date
NLRB Votes To Change Union Election Procedures (But Doesn’t Go All The Way!)
On November 30, 2011, by a vote of 2-1, a bitterly divided National Labor Relations Board (Board) resolved to move forward with some, but decidedly not all, of the procedural changes it had proposed on June 22. While the Board’s Democratic majority referenced its desire to reduce “unnecessary, expensive, and time-consuming litigation for the Board and all parties,” the dissenting Republican Member, and most observers, have more accurately described the measure as another effort to shorten the time from the filing of an election petition to the date of the election. This would make it more difficult for employers to communicate with employees prior to the vote, and make it easier for unions to win more elections (although unions are already winning elections at a historically high rate of around 70%!).
Continue Reading NLRB Votes To Change Union Election Procedures (But Doesn’t Go All The Way!)
NLRB Announces Proposed Rule Changes That Will Greatly Assist Union Organizing
This post was contributed by Bruce D. Bagley, Esq., a Member in McNees Wallace & Nurick LLC’s Labor and Employment Group, and Adam L. Santucci, Esq., an Associate in the Group.
On June 22, 2011, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking that, if finalized, would…
Nuts and Bolts of the Employee Free Choice Act (EFCA) and RESPECT
Basic Provisions: EFCA amends the NLRA to change the procedures for union certification and first contract negotiation. The primary components of the act are as follows:
- Allows NLRB certification of a relevant bargaining unit upon authorization card showing from 50% plus one of employees bypassing the NLRB-supervised secret ballot election.
- Mandates initial collective bargaining contract be
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Obama Victory may give rise to Unprecedented Unionization of the American Workplace
Union membership and the public perception of the role of labor unions are relatively unchanged in recent years. Union membership was up only slightly in 2007 based on a report by the Bureau of Labor Statistics of the Department of Labor, which published the following statistics on union membership:
Percentage of unionized workforce
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Why Union Organizers come Knocking on an Employee’s Door and Why the Employee Free Choice Act will increase those “House Calls”
One big frustration for union organizers is access to employees for the purpose of soliciting union authorization cards and peddling the union message. Sophisticated employers have no solicitation policies, which force union organizers out of the workplace and into the parking lots and homes of employees.
The primary barrier to union home visits is determining where…
NOW is the Time for Employers to Gear up for the Employee Free Choice Act (Unions Are)
Sometimes a wait and see approach is the right call when it comes to proposed legislation, but not for nonunion employers facing the possible passage of the Employee Free Choice Act (EFCA). EFCA will radically change the way unions organize employers by eliminating the “campaign” phase and secret ballot election that have been the hallmark of…