Four States Approve Measures Ensuring Secret Union Ballots

In Tuesday’s election, four states — Arizona, South Carolina, South Dakota, and Utah — approved ballot measures that would guarantee employees the right to secret-ballot voting in union elections. We decided to ask employment law attorneys in each of the four states — all members of the Employers Counsel Network — about the outcome of […]

What Louisiana Election Results Mean for Employers

by Mark Adams At first glance, nothing significant came out of Louisiana’s midterm elections. There were no Tea Party candidates to create excitement. Republicans and Democrats each lost a U.S. House seat and won a seat they hadn’t controlled, so we didn’t contribute to the change of control in the House. However, the Republican takeover […]

Quick, Name Biggest Workplace Legal Issue of 2010 So Far

What is the biggest employment law challenge employers have been facing thus far in 2010? An easy answer might be health care reform since companies have indeed started wrestling with whether to grandfather their benefits plans or strike off in a new direction under new sets of rules and regulations. But for many employment law […]

NLRB Puts Out Feelers on Remote Electronic Voting

It appears the National Labor Relations Board (NLRB) has started to lay the groundwork for off-site Internet elections for employees to determine whether they wish to be represented by a union. The first sign of this development was a Request for Information (RFI) published by the NLRB on June 9, 2010. In the RFI, the […]

Obama to Appoint Controversial NLRB Nominee Craig Becker

On March 27, President Barack Obama announced his intent to use his constitutional power to make appointments while Congress is in recess to appoint Democrat Craig Becker to the National Labor Relations Board (NLRB). This is the first time the President has used recess appointments. Becker, a union attorney, has been a controversial nominee since […]

Republicans Block Controversial NLRB Nominee Craig Becker

On Tuesday, U.S. Senate Republicans (along with two Democrats) used a filibuster to block Craig Becker’s nomination to the National Labor Relations Board (NLRB). In a 52-33 vote, the Democrats fell short of the 60 votes needed to end the Senate debate on Becker’s nomination and move to a final vote. Senators Ben Nelson (D-Nebraska) […]

NLRB May Make Significant Changes Even Without EFCA

The National Labor Relations Board (NLRB) celebrated the 75th anniversary of the National Labor Relations Act (NLRA), which created the Board. Commenting on the stalled so-called Employee Free Choice Act (EFCA), Chairman Wilma Liebman noted that congressional inaction on the EFCA may contribute to the “flip-flopping” with which the Board has been accused. She also […]

Specter Reveals Possible EFCA Compromise

Senator Arlen Specter, the Republican-turned-Democrat from Pennsylvania, announced on Tuesday, September 15, 2009, at the AFL-CIO convention that he expects Congress to pass a version of the Employee Free Choice Act (EFCA) before the end of the year. He referenced a compromise of the controversial bill that he has been working on and added, “We […]

EFCA: The Saga Continues, As Does the Misinformation

Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]