In a pending NLRB case, an employees’ rights advocacy group, the National Right to Work Legal Defense Foundation, filed an amicus brief supporting poultry plant workers seeking to decertify their union,  the United Food and Commercial Workers Union, even though there was a collective bargaining agreement in place between the UFCW and their employer.
Continue Reading The Contract Bar Doctrine: Abolition or Reform?

The U.S. District Court for the District of Columbia has issued its third, and presumably final, decision in the lawsuit challenging the National Labor Relations Board’s new election rules. In the latest order, the Court granted summary judgement in favor of the NLRB on the remaining counts of the complaint.
Continue Reading NLRB Prevails in Remaining Challenges to Election Regulations

Social distancing and uncertainty about COVID-19 have altered many aspects of daily life, uprooted traditions, and redefined “normal.” Unions are seizing this opportunity in a push for electronic representation elections.  On May 6, a coalition of fourteen unions urged Nancy Pelosi, Mitch McConnell, Kevin McCarthy, and Chuck Schumer to fund and direct the NLRB to establish a system and procedures to facilitate electronic union representation elections.
Continue Reading Electronic Union Representation Elections Are Looming

On September 20, 2019, the NLRB issued a notice of proposed rulemaking to exclude undergraduate and graduate students who perform paid work for private colleges and universities in connection with their studies from the definition of employee under the National Labor Relations Act.  The proposed rule would prevent undergraduate and graduate teaching assistants from unionizing or collectively organizing.
Continue Reading NLRB Issues Proposed Rule That Grad Students Cannot Unionize

On September 3, 2019, in First Student, Inc. v. NLRB, __ F.3d __ (D.C. Cir. 2019), the court upheld the National Labor Relations Board’s application of the “perfectly clear” doctrine in First Student Inc. v. NLRB, 366 NLRB No. 13 (February 6, 2018).  The “perfectly clear” doctrine affects the right of a labor law successor, which acquires a unionized business, to set new terms and conditions of employment.  Thus, it can have an important impact on the economics of the commercial transaction.
Continue Reading D.C. Circuit Upholds NLRB’s “Perfectly Clear” Successor Doctrine

The National Labor Relations Board has issued the first part of its planned series of revisions to labor union election procedures.  The revisions arrive five years after the Obama-era Board’s controversial 2014 changes that created the so-called “ambush election” procedures.  
Continue Reading NLRB Issues First of Its Proposed Changes to Union Election Rules

The Board’s recent decision in Merck, Sharp, & Dohme Corp., 367 NLRB No. 122 (May 7, 2019)  highlights the differences that can arise as a result of the collective bargaining process in the terms and conditions of employment for employers with a divided workforce of non-union and union-represented employees.  In Merck, the Board majority reversed the Administrative Law Judge’s ruling that the employer had violated Section 8(a)(3) and (1) by offering a new, one-time paid holiday, “Appreciation Day” to all of its non-union employees to the exclusion of its union-represented employees. 
Continue Reading NLRB Rules That Employer’s Exclusion of Union Employees From Paid Holiday Granted to Non-Union Employees is Lawful

The Seventh Circuit recently upheld a local ordinance in Grande Chute, Wisconsin that banned all private signs on public rights-of-way despite challenges from a local labor union. In 2014, the town of Grande Chute passed a zoning ordinance that banned all private signs on public rights-of-way.  Under the authority of the zoning ordinance, two town officials ordered a local chapter of the Construction and General Laborers’ Union to remove the labor union’s large, 12-foot inflatable rat, which, like other unions across the country, had become a longstanding feature of the Union’s strike tactics.  Specifically, the Union had placed the inflatable rat in a median across from a car dealership that it was targeting.
Continue Reading The Seventh Circuit Upholds City’s Ban on Union’s Inflatable Rat