On May 30, 2020, the U.S. District Court for the District of Columbia issued a two page order invalidating five elements of the NLRB’s 2019 election regulation, based on Count One of the plaintiff’s complaint. On June 7, the court issued its promised memorandum opinion further explaining that order.
Continue Reading NLRB: Federal Court in DC Issues Promised Opinion on Election Regulations
In mid-May the NLRB established a clear rule regarding stray marks on ballots in union representation elections, eradicating years of convoluted and inconsistent precedent. The decision, which applied retroactively, resulted in a union’s failure to amass a majority of the votes and, consequently, a reversal of the Regional Director’s Decision and Certification of Representation.
Continue Reading NLRB Provides Clarity and Consistency to Stray Marks on Ballots
The last few weeks of a National Labor Relations Board Member’s term can be a busy time. This is especially true when a Member’s imminent departure will leave the Board without any Members from the minority political party. The Board historically has avoided major shifts in precedent without the participation of both parties. Last month was no different. As the clock wound down on Democrat Lauren McFerran’s term this December, the Board issued a flurry of significant rules and opinions that pare back many of the most anti-employer precedents set during the Obama-era.
Continue Reading A December to Remember at the NLRB
Yesterday, the National Labor Relations Board published a final rule modifying its representation case procedures. The final rule takes effect April 17, 2020, and scales back—but does not completely undo—the changes to election regulations instituted by the Obama-era’s Board that have caused employers heartburn since 2015.
Continue Reading The NLRB Revises its Election Regulations to the Benefit of Employers
We previously have discussed that, as expected, the implementation of the NLRB’s ambush election rules in April 2015 considerably shortened the average time between the date of a petition being filed by a union and the date of election. This change substantially impacts the employer’s ability to conduct an effective campaign in the event of a union petition.
Continue Reading NLRB’s Latest Statistics – Union Elections Faster After Ambush Election Rules