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Labor Relations Today

Category Archives: Representation Elections

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NLRB Legitimizes Improper Mail Ballot Election Rule Followed by Certain Regional Offices

Posted in NLRB, NLRB Decisions, Representation Elections
For more than 50 years, the Board has maintained a rule for mail ballot elections prohibiting the parties from holding mass campaign meetings on company time (commonly referred to as “captive audience” meetings) with employees “from the time and date on which the ‘mail in’ ballots are scheduled to be dispatched by the Regional Office… Continue Reading

Professors Petition NLRB to Grant Unions Right to Hold Captive Audience Meetings During Organizing Campaigns

Posted in NLRA, NLRB, NLRB Rule-Making, Representation Elections, Special Interests
On January 15, 2016, more than 100 professors from about 70 universities filed a rulemaking petition with the National Labor Relations Board requesting that the Board adopt a rule providing that where an employer holds “captive audience meetings” to express opposition to unionization, the union has a right upon request to equivalent access to address employees.… Continue Reading

Labor Relations Today Issues ‘Labor Law 2015: Year in Review’

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, Bush Board Reversal, Card Check, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Law 2015: A Year In Review. For most of 2015, the National Labor Relations Board consisted of five members and the general counsel — all Senate-confirmed. This Board and the White House continued aggressive efforts to overhaul traditional labor law administratively,… Continue Reading

NLRB Regional Director Dismisses Petition by Union Seeking to Represent University Student Teaching and Research Assistants

Posted in Bush Board Reversal, NLRA, NLRB Decisions, Representation Elections
On October 30, 2015, the Regional Director for Region 2 of the National Labor Relations Board dismissed a petition filed by an organizing committee of the United Auto Workers (UAW) seeking to represent various student assistants at Columbia University in New York.  In Columbia University, Case No. 02-RC-143012, the Union sought to represent a unit of [a]ll student… Continue Reading

NLRB Hearing Officer and Regional Director Impose More Burdensome Election Eligibility List Standards

Posted in Expedited Elections, NLRB Administration, NLRB Rule-Making, Representation Elections
Under the new expedited election rules implemented by the Board to facilitate union organizing, within two days of the scheduling of an election, the employer must provide the petitioning union: with an alphabetized list of the full names, work locations, shifts, job classifications, and contact information (including home addresses, available personal email addresses, and available home and… Continue Reading

Quick Hits: Friday, October 16, 2015

Posted in Federal Court Litigation, NLRB, Quick Hits, Representation Elections
NLRB files brief with Fifth Circuit Defending ‘Quickie Election’ Rule: The National Labor Relations board filed its brief with the Fifth Circuit Court of Appeals this week asking that the court affirm the trial court’s rejection of a challenge by Associated Builders and Contractors of Texas Inc. and other groups to the NLRB’s new rule streamlining… Continue Reading

More About Sen. Bernie Sanders’ Card Check Proposal

Posted in Card Check, EFCA, Interest Arbitration, Legislation, NLRA, Representation Elections, Senate, White House
On Tuesday, presidential candidate and current Senator Bernie Sanders (I-VT) announced that he, and ten Senate co-sponsors, would introduce the Workplace Democracy Act (S. 2142). The bill — a verbatim reiteration of two provisions of the Employee Free Choice Act in the 110th & 111th Congresses — would: certify a union as the exclusive bargaining… Continue Reading

Senator Sanders (I/D-VT) Re-Introduces Employee Free Choice Act

Posted in Card Check, EFCA, House of Representatives, Interest Arbitration, Legislation, NLRA, Remedies, Representation Elections, Senate, White House
At a press conference on the afternoon of Tuesday, October 6, 2015, Democratic presidential candidate Senator Bernie Sanders of Vermont announced that he and Rep. Mark Pocan (D-WI) would introduce the “Workplace Democracy Act” (S. 2142, H.R. 3690). This bill would amend the National Labor Relations Act to facilitate union organizing by requiring certification based on “card check” —… Continue Reading

Quick Hits: Wednesday, September 30, 2015

Posted in Legislation, NLRB, NLRB Administration, Quick Hits, Representation Elections
Senate Bill To Curb NLRB: Following Dems introduction last week of the “WAGE Act” to radically expand NLRB powers to facilitate union organizing, on Monday, Sen. Mike Lee (R-UT) introduced a counter-measure to cut drastically the Board’s role and authority. The text of the Protecting American Jobs Act (S. 2084) is not yet available online, but… Continue Reading

NLRB Now Publishing Election Tallies Online

Posted in NLRB, NLRB Administration, Representation Elections
Without much fanfare on Tuesday, the National Labor Relations Board made the following announcement via Twitter: Tally of ballots are now available online: — NLRB (@NLRB) September 22, 2015 There are currently 16,793 election results posted going back as far as 1994, but it is evident that the records for many of those years… Continue Reading

Democrats Introduce Bill To Increase Dramatically NLRA Penalties Against Employers

Posted in Beyond EFCA: Labor's Agenda, EFCA, Legislation, NLRA, Remedies, Representation Elections, Unions
On Thursday, September 17, 2015, Senator Patty Murray (D-WA) and Representative Bobby Scott (D-WA) introduced the Workplace Action for a Growing Economy (WAGE) Act (S. 2042).  The bill, promoting collective-bargaining and labor unions by drastically enhancing penalties against employers under the National Labor Relations Act, is being proposed primarily as an election season litmus test, with… Continue Reading

NLRB General Counsel Issues Guidance on Employee Electronic Signatures to Support Representation Petitions

Posted in Expedited Elections, NLRB Administration, NLRB Rule-Making, Representation Elections, Social Media
A lesser discussed provision of the Board’s new “quickie” election procedures, effective April 14, 2015, asserted that the Board may accept employee electronic signatures as proof of the “showing of interest” filed with a representation petition.  This week, the General Counsel issued a guidance memorandum outlining the way the Board will treat such filings. Memorandum… Continue Reading

NLRB Declines to Assert Jurisdiction Over Northwestern University Football Players

Posted in NLRA, NLRB Decisions, Representation Elections
Inspiring a torrent of “punt”-related puns, the National Labor Relations Board on Monday declined to assert jurisdiction over the unionization effort of scholarship football players at Northwestern University.  In Northwestern University, 362 NLRB No. 167 (Aug. 17, 2015), a unanimous decision of all five Board Members held: …we conclude, without deciding whether the scholarship players are employees… Continue Reading

NLRB to Decide Whether It Can Impose Mixed Units of Both Solely and Jointly Employed Workers

Posted in NLRA, NLRB Decisions, Representation Elections
For those that have followed developments in labor law over the years, it should come as no surprise that the National Labor Relations Board is again visiting the issue of whether it can direct a representation election for a unit consisting of both jointly employed temporary workers and regular workers employed solely by the user… Continue Reading

NLRB Sets Aside Election Results Due to Bonuses Paid During Critical Period

Posted in NLRB Decisions, Representation Elections
In SBM Management Services, 362 NLRB No. 144 (July 8, 2015), the National Labor Relations Board held that an employer’s distribution of bonuses to 11 employees in a bargaining unit of approximately 35 employees just days before a vote on union representation violated Section 8(a)(1) of the National Labor Relations Act and ordered that a… Continue Reading

Quick Hits: Tuesday, July 14, 2015

Posted in Federal Court Litigation, NLRB Administration, Quick Hits, Representation Elections, Unions
#SEIUElectionFail:  Michael Vandevort reports on an interesting recent case where an NLRB ballot was invalidated on the basis of a contemporaneous Tweet. Voting in a mail ballot election, open April and May, the eligible employee voted for the union, and announced that fact by posting a photo of herself filling out the ballot on Twitter (pictured).  According to the… Continue Reading

The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015

Posted in Amici Briefs, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, NLRA, NLRB, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Representation Elections, Senate, State/Local Issues
road ahead1.  Will the Courts Uphold the New Expedited Election Rules? The National Labor Relation Board’s new expedited election rules took effect on April 14, 2015, but not before two lawsuits could be filed seeking to invalidate them in January 2015. The first lawsuit was filed by business groups, including the U.S. Chamber of Commerce, in… Continue Reading

Student-Athletes Continue Push for “Employee” Status

Posted in Federal Court Litigation, NLRA, NLRB, Representation Elections
public-domain-images-archive-high-quality-resolution-free-download-splitshire-0008While student-athletes continue to prosecute their antitrust challenges to the NCAA, student athletes continue to fight a second front against the NCAA and its member institutions with legal challenges asserting that student athletes are employees and are thus entitled to all the benefits and protections of such status under federal and state laws. In October… Continue Reading

Ithaca Part-Timers Say Yes To Union

Posted in NLRA, Quick Hits, Representation Elections, Unions
Yesterday, part-time faculty working at Ithaca College in Ithaca, NY voted to join the Service Employees International Union (SEIU).  While a final voting tally was not reported, a union spokesperson stated that the union won the election by 119 votes. “A lot of people really want this union,” [an employee organizer] says. “It’s something we had a… Continue Reading

NLRB Dismisses IAM Complaint Against Boeing

Posted in NLRA, NLRB Administration, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Earlier this month, Claude Harrell, the National Labor Relations Board’s regional director in Atlanta, announced that the Board was dismissing a complaint filed against the Boeing Company by the International Association of Machinists and Aerospace Workers (IAM).  The complaint, which was filed on April 17 after the IAM wrapped up an unsuccessful organizing campaign at Boeing’s Charleston, SC… Continue Reading

Senators Grill Board Members On Requested Budget Increase

Posted in Legislation, NLRB, Quick Hits, Representation Elections, Senate
Yesterday, the Labor, Health and Human Services, Education and Related Agencies Subcommittee of the U.S. Senate Appropriations Committee held a hearing to discuss the National Labor Relations Board’s 2016 budget proposal.  The proposal, coming in a year where the Board has released several decisions that have angered Republicans, seeks a $3.8mm increase in funds in… Continue Reading

Board Fights Back Against Quickie Election Challenge

Posted in Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections
The National Labor Relations Board filed a notice of supplemental authority with the D.C. Circuit in defense of the Board’s controversial “quickie election” rules, arguing that the court’s recent decision in Nam v. Perez should govern the instant matter: “The [NAM v. Perez] decision … addresses and rejects arguments substantially identical to those raised by… Continue Reading

Senate Tables Quickie Election Veto

Posted in NLRB, NLRB Rule-Making, Quick Hits, Representation Elections, Senate, White House
Yesterday, the United States Senate voted 96-3 to table President Obama’s veto of a Republican attempt to scupper the now-infamous “quickie-election” regulations.  The move to table the override vote effectively amounts to Republicans admitting defeat on the issue. As we wrote back in March, President Obama vetoed a Congressional measure of disapproval, which would have blocked the implementation… Continue Reading