Unions

E-Voting in Union Elections at the NLRB?
July 22, 2021
As our two major political parties wage battle in statehouses around the country regarding the ways in which citizens cast their votes, the National Labor Relations Board seems primed to implement electronic voting in union elections.
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U.S. Supreme Court Strikes Down California Union Access Regulation
June 30, 2021
In a 6-3 decision, the U.S. Supreme Court, in a decision issued on June 23, 2021 struck down a California state law requiring agricultural employers to grant union organizers access to their property.
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How Badly Are Things Going for Unions Right Now?
April 15, 2021
Unions have been back in the news again so it seems like a good time for a brief check-in to see how they are faring.
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Is There a Conservative Case for Labor Unions?
November 10, 2020
Like too many other things, the subject of labor unions can really polarize political opinions in this country. Views about labor unions pretty reliably break down along partisan lines, with liberals largely in support and conservatives largely opposed.
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When Does a Neutrality Agreement Provide Unlawful Assistance to a Union? The NLRB GC Weighs In
September 30, 2020
National Labor Relations Board General Counsel Peter Robb issued guidance concerning how he will analyze whether a neutrality agreement provides unlawful assistance to a union, in violation of Section 8(a)(2) of the National Labor Relations Act.
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Economy Expands, Unions Decline
February 24, 2020
According to the Bureau of Labor Statistics, private and public union membership in 2019 declined.
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Another Drop in Union Membership in 2019 and Some Interesting Tidbits
January 29, 2020
Union membership rate nationwide in 2019 dropped to 10.3 percent, despite a fairly robust national economy and continued job growth.
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Handbook Alert - NLRB Addresses Dress Code Policy Regarding Union Buttons/Insignia
January 13, 2020
The National Labor Relations Board recently addressed Walmart’s dress code policy that prohibits employees from wearing any buttons or insignia unless they are “small and non-distracting.”
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Employers May Cease Deducting Union Dues When CBA Expires
December 17, 2019
This week, on December 16, 2019, the NLRB reversed Lincoln Lutheran of Racine and returned to the rule established by Bethlehem Steel, 136 NLRB 1500 (1962), holding that a dues checkoff provision did not survive the expiration of the relevant CBA, and that an employer did not violate the National Labor Relations Act by discontinuing its practice of deducting employees’ union dues from their wages over a year after the CBA expired.
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NLRB Delivers A “Holiday Gift” To Employers: New Union Election Timelines
December 13, 2019
On December 13, 2019, the National Labor Relations Board issued a final rule revising the Obama-era union election procedures (known as “R-Case” rules). The revision to the procedures will become effective 120 days from its publication in the Federal Register next week.
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Non-Union Members Denied Fair-Share Fee Refunds After Janus
December 1, 2019
In November, the Seventh Circuit joined the consensus across the country, concluding in two separate cases that unions that collected fair share fees prior to the U.S. Supreme Court’s ruling in Janus v. AFSCME, 585, U.S. ____ (2018), in accordance with state law and Abood v. Detroit Bd. Of Educ., 431 U.S. 209 (1977), are entitled to assert a good faith defense to Section 1983 liability.
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NLRB Puts New Limits on Union Organizing Activities on Private Property
August 30, 2019
In Bexar County Performing Arts Center Fdn. d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019), the National Labor Relations Board has limited prior decisions, which allowed the employees of a tenant to engage in union activities on the private property of their employer’s landlord.
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