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The number of employer requests for union elections has exploded since the National Labor Relations Board (NLRB) adopted a new framework for representation last summer. In the six months following the NLRB’s release of its decision in Cemex Construction Materials Pacific, LLC, in August 2023, employers have submitted 254 union election petitions. In the six […]
Union-organizing efforts aren’t limited to historical union strongholds like manufacturing, construction, and the public sector. Even though unions currently represent only about 1.3% of the financial services industry, they’re looking to organize financial services employees. Case in point: On December 20, 2023, Wells Fargo branch employees in Albuquerque, New Mexico, voted 5 to 3 in […]
In mid-September, the United Auto Workers (UAW), which represents nearly 150,000 auto workers, began targeted strikes at certain factories and warehouses around the country run by Ford, GM, and Stellantis NV (formerly Chrysler), the “Big Three” automakers. Although auto strikes against the Big Three aren’t unprecedented, this recent strike had two novel aspects. First, it […]
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. […]
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 […]
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 […]
The overall percentage of private sector unionization dipped slightly (by .2%) in 2022, but labor unions made strides in organizing new workers. In 2022, unions won more elections to represent private sector employees than in any year since 2005. They also won a record-high 76% of all elections held, buoyed by numerous victories in the […]
In theory, labor unions and employers have the potential to engage in effective partnerships. After all, both have something the other needs: Employers need labor to staff their operations, and labor unions need jobs for their members. Of course, in the real world, organized labor and employers are often seen in antagonistic relationships more frequently […]
A recent decision by the National Labor Relations Board (NLRB) in McLaren Macomb has both union and non-union employers taking a second look at their severance agreements. In the case, the board decided an employer violated the National Labor Relations Act (NLRA) by offering furloughed employees severance agreements that contained confidentiality and nondisparagement provisions. What […]
On September 8, 2022, federal Congressional legislators from Massachusetts and California reintroduced the Nationwide Right to Unionize Act, which takes aim at state “right to work” laws and attempts to increase employees’ right to unionize. Section 14(b) of the National Labor Relations Act (NLRA) prohibits compulsory union membership and payment of union dues and fees […]