As we previously reported here, the National Labor Relations Board (the “Board”) upended years of settled law in Tesla, Inc., 370 NLRB No. 131 (2022), when it held that employers cannot restrict employees from displaying union insignia (e.g., buttons, clothing, pins, and stickers) on their clothing at work, absent a showing of “special circumstances”—a nearly impossible standard for employers to meet.
Continue Reading Fifth Circuit Overturns NLRB’s Dress Code Decision
Yesterday, the National Labor Relations Board (“Board” or “NLRB”) in American Steel Construction, Inc., 372 NLRB No. 23 (2022) decided that employers must meet a heightened burden to expand a voting unit sought by a union in a union election. The decision is a significant development because it makes it easier for unions to organize workforces. And it marks yet another reversal of precedent by the Board to the benefit of unions. (We’ve discussed prior reversals here and here.)Continue Reading NLRB Reinstates “Micro Unit” Standard Making it Easier for Unions to Cherry Pick Voting Units
Earlier this week, the National Labor Relations Board (“Board” or “NLRB”) decided that employers cannot restrict employees from displaying union insignia (e.g., buttons, clothing, pins, and stickers) absent a showing of “special circumstances” in Tesla, Inc., 370 NLRB No. 131 (2022).
Continue Reading Fasten Your Seatbelt: NLRB Finds Tesla’s Clothing Policy Unlawful
While proactive retail employers are responding to, and preparing for, union organizing efforts at their retail stores, many supply chain workforces remain vulnerable to targeted union campaigns. Join us for a complimentary webinar on Tuesday, March 7, 2017, as we address the special circumstances and vulnerabilities of workforces at warehouses, distribution centers, transport and other supply chain operations.
Continue Reading Retail’s Blind Spot: Your Supply Chain and Distribution Facilities as Labor Union Organizing Targets