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 procedural
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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…
OSHA Invites Feedback on Proposed Rule for Protecting Workers from Excessive Heat: Employers Should Remember the NLRA and LMRA
The Occupational Safety and Health Administration plans to propose a new rule requiring employers to protect employees exposed to high temperatures at work. This federal government regulation is the first of its kind to provide protection from heat on the job. As the summer months arrive and heat records rise, employers would do well to…
The Fifth Circuit on Thryv
On May 24, 2024, the Fifth Circuit vacated the NLRB’s order in Thryv but declined to weigh in on the accompanying new remedy. Read our analysis here.
NLRB’s Expansive New “Joint Employer” Rule Struck Down by Texas Federal Court
By Adam Doerr & Mary-Ann Czak
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…
The Rise of Unions in Banking and Finance
The Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today, Part II
By Tom Godar, Adam Doerr & Trecia Moore
In this episode of the Labor Law Insider, attorneys Adam Doerr, Trecia 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
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The Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today, Part I
By Tom Godar, Adam Doerr & Trecia Moore
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
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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,…
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…