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,
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National Labor Relations Board Overrules Boeing With Strict Scrutiny of Handbook Rules
By Jon Anderson, Adam Doerr & Tom Godar
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…
NLRB Provides Employees Extra Leeway to Use Offensive Language
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”).…
Healthcare Minimum Staffing Levels Pursuant To State And Federal Guidelines On The Horizon
By Terry Potter
As time has passed, nurses throughout the country have been pushing for legislation similar to what was passed in California, mandating minimum staffing requirements.…
NLRB May Soon Expand Jurisdiction Over Educational Institutions with Religious Affiliations
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…
General Counsel Abruzzo’s New Focus on Electronic Surveillance in the Workplace
Jennifer Abruzzo, the General Counsel for the National Labor Relations Board issued a new memo, 23-02, over her concerns that electronic surveillance by employers is impairing employees’ ability to engage in protected concerted activity and keeping that activity confidential from their employer. GC Abruzzo refers to case law that is, for the most part, dated…
Union Support Reaches Generational High-Water Mark as Union Election Petitions Surge
By Jon Anderson & Adam Doerr
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…
NLRB Mandates National Dress Code
On August 29, 2022, the NLRB issued its decision in Tesla, Inc., overruling precedent that allowed employers to enforce facially-neutral dress codes to prohibit wearing non-conforming attire, including union insignia and union logos. Now, employers must allow employees to wear union attire absent a showing of “special circumstances.”…
NLRB Seeks to Reduce Company Speech About Unions
By Adam Doerr & Jon Anderson
It has become increasingly apparent that the Biden Administration’s National Labor Relations Board (NLRB) is aggressively pushing labor-friendly positions, like those seen under the Obama Administration.
Now it appears the NLRB’s General Counsel has taken aim at Section 8(c) of the National Labor Relations Act (the Act), and in so doing undermines 75 years of…
Beware the Unfair Labor Practice – Not Just For Unions Anymore
In this episode, we take an in-depth look at what an unfair labor practice is, why non-union employers need to be wary of these federal law violations, and how to avoid running afoul of the National Labor Relations Act (NLRA). We will also discuss National Labor Relations Board (Board) General Counsel Jennifer Abruzzo’s recent guidance regarding…