As the cannabis industry rapidly expands across the United States, a unique legal and regulatory landscape is taking shape. At the heart of this landscape is the intersection between state-mandated Labor Peace Agreements (“LPAs”), the National Labor Relations Board (“NLRB”), and the evolving relationship between employers and unions. With the NLRB currently lacking a quorum and federal preemption in question, employers and unions alike are navigating uncharted territory.
On June 11, 2024, the National Labor Relations Board (NLRB) affirmed that a union violated the National Labor Relations Act (NLRA) by refusing to honor employees’ dues revocation requests following a successful deauthorization election. This rare but significant case, Governed United Security Professionals (Golden SVCS, LLC) and Sheldon N. Fraser, sheds light on the
On June 11, 2024, the National Labor Relations Board (NLRB) issued a very short but interesting decision in Governed United Security Professionals (Golden SVCS, LLC) and Sheldon N. Fraser, 373 NLRB No. 66 (June 11, 2024), affirming an administrative law judge’s (ALJ) finding that a union violated the National Labor Relations Act (NLRA) when it refused to recognize employees’ dues revocation requests after a successful deauthorization election. Deauthorization elections are rare, and this decision is a ripe opportunity to review the specific facts of this case and remind employers about this arcane but significant procedural NLRA vehicle.
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.
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.
In episode three of the Labor Law Insider podcast, Husch Blackwell attorneys Tom Godar, David Hertel and Laura Malugade note the confirmation of Jennifer Abruzzo as General Counsel as well as two new nominations to the National Labor Relations Board which, upon confirmation, will usher in a new Democratic majority on the Board. With the
On June 1, 2021, in a 5-2 decision, the Missouri Supreme Court sitting en banc affirmed a circuit court decision that voided in its entirety HB 1413, which was enacted by the Missouri legislature in 2018 and sought to change collective bargaining laws for public-sector labor organizations in the state of Missouri. We previously discussed the circuit court’s decision in our December 14, 2020 post, Missouri Supreme Court to Decide Constitutionality of Public Reform Law. While the circuit court decision permanently enjoined the Missouri State Board of Mediation and Missouri Department of Labor and Industrial Relations from implementing and enforcing the law, the law was not void with respect to entities that were not parties to the litigation—until the Missouri Supreme Court released its decision. As of June 1, 2020, HB 1413 is void in its entirety with respect to all entities in Missouri.
In this week’s edition of our “Funny You Should Ask” series, Tom Godar and Terry Potter discuss whether there’s a need to bargain before imposing a mandate that employees are fully vaccinated against COVID-19 before reporting to work: https://www.healthcarelawinsights.com/2021/05/funny-you-should-ask-is-a-vaccine-mandate-subject-of-bargaining/