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Category Archives: Representation Elections

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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: http://t.co/CBKyFoB3aL — 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
1.  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
While 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

UAW Counts Majority Support At VW Plant

Posted in Quick Hits, Representation Elections, Unions
According to disclosure forms filed with the U.S. Department of Labor, the United Auto Workers (UAW) has gathered union authorization cards from 816 employees working at Volkswagen’s Chattanooga, TN plant.  The Associated Press is reporting that this amounts to about 55% support, which is a huge milestone considering that the UAW lost an unopposed representation… Continue Reading

Con-Way Says No To Teamsters

Posted in NLRA, NLRB, Quick Hits, Representation Elections, Unions
Earlier this week, employees working at Con-Way Freight in Buffalo, New York voted not to join the International Brotherhood of Teamsters (IBT).  The Teamsters’ loss at Con-Way represents its sixth organizing defeat at the company.  The union has also withdrawn two other petitions prior to a vote being held. The president of Con-Way issued a… Continue Reading

Rival Unions Vie For Position At VW

Posted in Negotiations, NLRA, NLRB, Quick Hits, Representation Elections, Unions
Two separate labor unions are aggressively seeking to organize employees at Volkswagen’s Chattanooga, TN plant. Both the United Auto Workers (UAW) and the American Council of Employees (ACE) have been pushing VW employees to sign union authorization cards in order to satisfy the requirements of VW’s Community Organization Engagement (COE) initiative, which grants labor group… Continue Reading

NMB Urges Justice Dept To Investigate IAM Delta Organizing

Posted in Quick Hits, Representation Elections, Unions
Last week, the International Association of Machinists and Aerospace Workers (IAM) withdrew a petition to organize flight attendants working for Delta Air Lines after allegations of irregularities surrounding union authorization cards began to surface.  Now, the National Mediation Board, a government agency that governs labor relations issues in the airline industry, is seeking to refer… Continue Reading

President Vetoes GOP Attempt To Nix Quickie Election Rules

Posted in House of Representatives, Legislation, NLRA, NLRB, Quick Hits, Representation Elections, Senate, Unions, White House
In an unsurprising move, earlier today President Obama vetoed a measure put forward by House and Senate Republicans under the auspices of the Congressional Review Act (CRA) that would have invalidated the National Labor Relations Board’s “quickie election” procedures.  The rules, set to take effect in about two weeks, could shrink the period from the… Continue Reading

Chamber Fires Another Round At Quickie Election Rules

Posted in Federal Court Litigation, House of Representatives, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections, Senate, Unions, White House
This week, the U.S. Chamber of Commerce and other trade groups filed a Motion in the U.S. District Court for the District of Columbia, arguing that the National Labor Relations Board’s “quickie election” rules should be invalidated. The rules, which were published at the end of last year in the Federal Register, would allow a… Continue Reading

House Passes Measure Disapproving of Quickie Election Procedures

Posted in House of Representatives, Legislation, NLRA, NLRB, Quick Hits, Representation Elections, Senate, Unions, White House
As expected, the U.S. House of Representatives followed the Senate’s lead and passed a measure under the auspices of the Congressional Review Act (CRA) that expresses disapproval of the National Labor Relations Board’s new “quickie election” procedures.  Among other radical changes made by the Board, the “quickie election” procedures would allow a labor union to hold… Continue Reading

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