Amazon’s victory over the largest labor drive in company history may be in jeopardy. On August 3, 2021, the NLRB released a hearing officer’s report on objections, finding that Amazon allegedly violated labor laws during the election period. As a result, the hearing officer recommended that the election results be set aside and a new
Latest from Vorys on Labor
IAM Losses First Round of Micro-Unit Fight with Nissan
On June 11, 2021, the NLRB Regional Director rejected the IAM’s petition to represent 87 tool and die technicians out of about 4,300 production and maintenance employees at Nissan’s Smyrna, Tennessee plant. As reported on this blog, the IAM filed a micro-unit petition earlier this year. The NLRB Regional Director held a 10-day evidentiary
Unexpected Unanimity: NLRB Deals Blow to Union Solicitation of Mail Ballots and Defends Election Integrity
In a political climate fraught with partisanship, rare instances of bipartisanship and even unanimity can be welcome events. For labor professionals on the management side, the NLRB’s June 9, 2021 decision in Professional Transportation, Inc. is likely to be doubly welcome, as the NLRB unanimously held that a union’s solicitation of mail ballots constitutes objectionable
NLRB’s Pro-Union March Gains Momentum with New Biden Appointee
The NLRB’s pro-union march gained more momentum earlier this week, as President Biden nominated Gwynne Wilcox to fill a vacant seat on the Board. Wilcox, a senior partner at the union-side labor and employment firm Levy Ratner, is also known for being the attorney who sued McDonald’s on behalf of the Fight for $15 worker
Decisive Delivery: Amazon Defeats Largest Labor Drive in Company History
Amazon has defeated the largest labor drive in the company’s history. Today, the NLRB completed a vote count in an election involving employees at Amazon’s facility in Bessemer, Alabama, which employs nearly 6,000 people. Of these nearly 6,000 people, 3,041 mailed in their ballots indicating whether they wished to be represented by the Retail, Wholesale
IAM Files Election Petition for 87 Nissan Tennessee Workers – Another Micro-Unit Test for the Auto Industry
The International Association of Machinists and Aerospace Workers filed an NLRB election petition to represent 87 tool and die maintenance technicians at Nissan’s Smyrna, Tennessee auto plant. At the Smyrna facility, Nissan employs approximately 4,300 production and maintenance workers. The IAM union is trying to slice a very small group out of the whole. The
More NLRB Changes Coming: Biden Appoints New Pro-Labor General Counsel
If even a day can make a significant difference, a month can make much more. On February 17, 2021, President Biden nominated Jennifer Abruzzo to serve as the next General Counsel of the National Labor Relations Board (NLRB).
The Biden Presidency has thus far brought unanticipated upheavals to the NLRB. As this blog previously
Employer Uniform Policies Back in the Limelight at the NLRB
Many employers have policies that require employees to wear uniforms. What if an employee of such an employer, however, wants to instead wear a t-shirt expressing support for a labor union? The NLRB has long regulated an employer’s ability to restrict such a right. But, the NLRB recently signaled that a change in this rule
Rapid Reversals: Acting NLRB General Counsel Issues Flurry of Rescissions Days after Unprecedented Ousting of Predecessor
Acting General Counsel Peter Sung Ohr has wasted no time in reversing course at the NLRB’s General Counsel office. Yesterday, less than two weeks after President Biden’s unprecedented removal of the NLRB’s GC, AGC Ohr issued a memorandum (GC 21-02) to the NLRB’s regional offices.
The memorandum rescinds several general counsel memoranda issued
Divided NLRB Panel Offers Expansive Protections for Wildcat Strikes
Last week, an NLRB panel issued a decision in the case of Noah’s Ark Processors, LLC. The decision addresses a number of important labor law issues. Most importantly, this decision reinforces protections for employees who go on a strike on their own without authorization from their unions. These are known as “wildcat strikes.”
Typically, the