Employers in the United States received a significant win on March 8, 2024, when a federal court in Texas struck down the National Labor Relations Board’s (“Board”) expansive new “joint employer” rule, and upheld the existing (and more employer-friendly) 2020 rule. This rule would have expanded the circumstances under which two businesses could be designated as “joint employers,” and that could have significantly altered the legal landscape attendant to various workplace relationships.

Continue Reading NLRB’s Expansive New “Joint Employer” Rule Struck Down by Texas Federal Court

Historically, the banking and finance industry has operated without much union interference. However, under the current guidance of Jennifer Abruzzo, General Counsel of the National Labor Relations Board (“Board”), the tides are turning toward unionization in sectors previously not considered ripe for union organizing, including banking and finance.

Continue Reading The Rise of Unions in Banking and Finance

In this episode of the Labor Law Insider, attorneys Adam DoerrTrecia Moore, and host Tom Godar continue their discussion of decertification petitions, focusing on some of the practical implications related to decertification efforts, including:

  • Employees who are frustrated with their union representative may be stymied by the complex decertification process, and the specific and detailed requirements of the process.
  • Employers may consider withdrawal of union recognition based on loss of majority support, bolstered by a decertification petition, but face risks in doing so.
  • Employers continue to have free speech rights in a decertification campaign but may opt for a softer approach for a variety of reasons.

Listen to the full episode here: https://the-labor-law-insider.simplecast.com/episodes/decertification-of-union-bargaining-unit-whats-happening-today-part-ii.

Listen to Part I here: https://the-labor-law-insider.simplecast.com/episodes/decertification-of-union-bargaining-unit-whats-happening-today.

In this episode of the Labor Law Insider podcast, our host, Tom Godar, is joined by Husch Blackwell attorneys Adam Doerr and Trecia Moore to discuss union decertification. 

  • In 2022 there were approximately 1,700 petitions for election filed before the NLRB, and about 300 of these were filed by employees to decertify their bargaining unit representative.
  • Over 300 Starbucks elections have resulted in union representation and at least 16 petitions for decertification have been filed.
  • Employees continue to seek the end of union representation for a variety of reasons through the decertification process, including those experiencing changes in their bargaining unit or a change in those managing bargaining unit employees. Our Labor Law Insiders also discuss why some employers are quite content to remain in a bargaining relationship with the union. 

Listen to the full episode here: https://the-labor-law-insider.simplecast.com/episodes/decertification-of-union-bargaining-unit-whats-happening-today.

Under a typical election scenario, a union files an election petition with the Board’s Regional Office, along with a “showing of interest” demonstrating enough employee support (at least 30% of the unit described in the petition) to justify an election. The union also serves the petition on the employer, along with a description of Board procedures, informing parties of their rights and obligations in the process, and a “statement of position” form.

Continue Reading Employers Have New Obligations when the Union Demands Voluntary Recognition

On August 2, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued its anticipated ruling in Stericycle, Inc., reversing the Trump-era Boeing decision that famously implemented a three-category test for balancing whether workplace rules unlawfully interfered with employees’ rights to engage in “protected concerted activity” under Section 7 of the National Labor Relations Act (“NLRA” or the “Act”).

Continue Reading National Labor Relations Board Overrules <em>Boeing</em> With Strict Scrutiny of Handbook Rules

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct while employees are engaged in protected concerted activity under Section 7 of the National Labor Relations Act (the “Act”).

Continue Reading NLRB Provides Employees Extra Leeway to Use Offensive Language

As time has passed, nurses throughout the country have been pushing for legislation similar to what was passed in California, mandating minimum staffing requirements.

Continue Reading Healthcare Minimum Staffing Levels Pursuant To State And Federal Guidelines On The Horizon

It is not often that the National Labor Relations Board (the “Board”) gives employers a heads-up before it makes broad, and often burdensome, changes, but a recently issued ALJ decision might be the exception to the rule. Earlier this year, an Administrative Law Judge issued a decision in Saint Leo University, Inc., 12-CA-275612 (2023) reinforcing how the National Labor Relations Act (the “Act”) is applied to religious educational institutions, however, the briefing in the case indicated how that application might change in the near future.

Continue Reading NLRB May Soon Expand Jurisdiction Over Educational Institutions with Religious Affiliations