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
unions
Deauthorization – A Win for Employees and a Path to Right to Work Under the NLRA
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.
Employers Have New Obligations when the Union Demands Voluntary Recognition
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.
Union Support Reaches Generational High-Water Mark as Union Election Petitions Surge
According to a recent Gallup poll, 71 percent of Americans “approve of labor unions,” up three percentage points from 2021.
This represents a generational high-water mark for union support – the last time Gallup measured a higher union approval rating among the American public was 1959 when 73 Americans approved of labor unions. Prior to this year, union support had remained lower than 70% ever since union support dropped to 66 percent in 1967. The low-water mark was reached in 2009 when unions enjoyed only 48% support from the American public.
The Labor Law Insider: Employer Guidance – Reducing the Risk of a Successful Union Campaign
The Labor Law Insider continues the discussion in this podcast episode with Tom Godar, Tom O’Day, Terry Potter and Rufino Gaytán on actions employers should take proactively to deter unions from garnering employee support in the workplace. Shifting social issues in and outside the workplace along with significant public support for labor unions subject all…
The Labor Law Insider: The Unions are Coming! The Unions are Coming!
The Labor Law Insider takes on the recharged union optimism and activity in this podcast episode. Moderator Tom Godar is joined by members of Husch Blackwell’s Labor Law team, Terry Potter, Tom O’Day, and Rufino Gaytán, to discuss the increase in public support for unions, recent changes in organizing activities by unions, and implications for…
The Biden Administration: Expected Changes at the NLRB, Part III
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…