Tag Archives: Union

Stacking the Deck: NLRB General Counsel Seeks Union-Friendly Labor Law Reform in Card Check Recognition Procedure

In what can only be viewed as tilting the odds in favor of organized labor, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo recently filed a brief with the five-member, Democratic-controlled Board in a case pending on appeal – Cemex Construction Materials Pacific, LLC – to request the reinstatement of the Joy Silk doctrine. … Continue Reading

The First Domino to Fall? NLRB Solicits Public Input on Test for Determining Appropriate Bargaining Units

In a somewhat ominous sign of things to come, the National Labor Relations Board (NLRB or the Board) has invited briefing on whether to change the test for determining whether a union has proposed an appropriate employee voting group (i.e., a “voting unit”) in petitioning for an NLRB representation election. The current standard that applies … Continue Reading

Not So Fast … the NLRB’s New General Motors Standard Isn’t a Rubber Stamp for Discipline in Cases Involving Offensive Speech

On Aug. 25, 2021, the National Labor Relations Board (NLRB) issued a decision applying its new standard for cases where an employee is disciplined for using offensive speech in the course of engaging in protected labor activity. The board initially announced the new standard in its General Motors decision issued in July 2020. In summary, … Continue Reading

Will the Supreme Court’s Decision Overturning California Union Access Regulation Be a Bonanza for Nonagricultural Employers?

In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their property was an unconstitutional taking of private property without just compensation. Cedar Point Nursery v. Hassid, Case No. 20-107. The regulation permitted union organizers to remain on company property for … Continue Reading
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