Tag: Unions

New NLRB Election Procedures in Effect for Union Elections

In August 2023, the National Labor Relations Board (the “NLRB” or the “Board”) significantly changed its procedures when employees are seeking representation by a union. First, the Board enacted its “Representation-Case Procedures” rule or “2023 Election Rule,” which, among other changes, expedites the timing of an election after a petition for election has been filed. […]

Rule vs. NRLB: Telsa Dress Code Hums Along at E-Car Plant

The U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) recently gave a green light to a dress code rule at a Telsa facility manufacturing electric cars. Read on. Dress for Success The Telsa facility gave each production employee what it called Team Wear: four black shirts and a black sweater, each […]

NLRB Delays Effective Date of Joint-Employer Standard

Recently, the National Labor Relations Board (NLRB) issued its final rule on the joint-employer standard under the National Labor Relations Act (NLRA). This new rule, originally set to go into effect December 26, 2023, is essentially a rollback of the NLRB’s 2020 joint-employer rule issued during the Trump administration. On November 16, 2023, however, the […]

Time for Handbook Review! NLRB Adopts New Standard for Workplace Rules

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for evaluating the legality of workplace rules under the National Labor Relations Act (NLRA). Employers in both unionized and nonunionized settings should review their employee handbooks and policies to ensure compliance with the new standard. Review of the Old Standard As […]

Does Your Handbook Need Revision Following Recent NLRB Decision?

Two years ago, in a memo issued by the National Labor Relations Board (NLRB), the agency’s general counsel signaled that one of the Board’s main priorities would be to scrutinize whether certain workplace policies unlawfully infringed on employees’ rights to engage in protected activity under Section 7 of the National Labor Relations Act (NLRA). Common […]

Surveillance in the Workplace: An Update from the NLRB

The National Labor Relations Board (NLRB) continues to move the needle on its interpretation of the National Labor Relations Act (NLRA) in favor of unions. For example, in Memorandum GC 23-02 entitled “Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights,” General Counsel Abruzzo outlined a new framework for […]

Shot Through the Heart: Did SCOTUS Give Strikes a Bad Name?

On June 1, 2023, the U.S. Supreme Court issued a decision some have deemed a blow to the right to strike. The 8-1 decision crossed ideological lines, as both conservative and liberal members of the Court either joined the majority opinion or concurred. Strike In August 2017, the collective bargaining agreement between cement manufacturer Glacier […]

Employee Tracking Technologies May Violate Labor Laws

There are countless workplace technologies available to companies that enable them to track employees for various purposes. For example, many employers have GPS devices on company vehicles so they can track how efficiently deliveries are being made. But does the use of such technology violate labor law? Based on a memo from the National Labor […]

NLRB Relaxes Standard for Union Insignias in Workplace

On August 29, 2022, the National Labor Relations Board (NLRB) issued a major decision that reversed a standard it set in 2019. Previously, employers enjoyed substantial discretion to limit alterations to work uniforms or other designated clothing in the workplace.

Get Ready for Union Organizing on Steroids

Against the backdrop of a new presidential administration, an evolving workforce, and a changing economy brought about by the COVID-19 pandemic, the landscape for union organizing has radically changed over the past two years. While the nation’s attention is currently focused on unionization efforts at household names such as Amazon and Starbucks, employers of all […]