Employers in the United States received a significant win on March 8, 2024, when a federal court in Texas struck down the National Labor Relations Board’s (“Board”) expansive new “joint employer” rule, and upheld the existing (and more employer-friendly) 2020
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The Rise of Unions in Banking and Finance
Historically, the banking and finance industry has operated without much union interference. However, under the current guidance of Jennifer Abruzzo, General Counsel of the National Labor Relations Board (“Board”), the tides are turning toward unionization in sectors previously not considered…
The Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today, Part II
In this episode of the Labor Law Insider, attorneys Adam Doerr, Trecia Moore, and host Tom Godar continue their discussion of decertification petitions, focusing on some of the practical implications related to decertification efforts, including:
- Employees who are
…
The Labor Law Insider – Decertification of Union Bargaining Unit: What’s Happening Today, Part I
In this episode of the Labor Law Insider podcast, our host, Tom Godar, is joined by Husch Blackwell attorneys Adam Doerr and Trecia Moore to discuss union decertification.
- In 2022 there were approximately 1,700 petitions for election filed before
…
Employers Have New Obligations when the Union Demands Voluntary Recognition
Under a typical election scenario, a union files an election petition with the Board’s Regional Office, along with a “showing of interest” demonstrating enough employee support (at least 30% of the unit described in the petition) to justify an election. The…
National Labor Relations Board Overrules Boeing With Strict Scrutiny of Handbook Rules
On August 2, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued its anticipated ruling in Stericycle, Inc., reversing the Trump-era Boeing decision that famously implemented a three-category test for balancing whether workplace rules unlawfully interfered with employees’ rights…
NLRB Provides Employees Extra Leeway to Use Offensive Language
On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers and United Steelworkers, making it more difficult for employers to discipline employees for outbursts and similar misconduct while employees are engaged in protected…
Healthcare Minimum Staffing Levels Pursuant To State And Federal Guidelines On The Horizon
As time has passed, nurses throughout the country have been pushing for legislation similar to what was passed in California, mandating minimum staffing requirements.…
NLRB May Soon Expand Jurisdiction Over Educational Institutions with Religious Affiliations
It is not often that the National Labor Relations Board (the “Board”) gives employers a heads-up before it makes broad, and often burdensome, changes, but a recently issued ALJ decision might be the exception to the rule. Earlier this year,…
General Counsel Abruzzo’s New Focus on Electronic Surveillance in the Workplace
Jennifer Abruzzo, the General Counsel for the National Labor Relations Board issued a new memo, 23-02, over her concerns that electronic surveillance by employers is impairing employees’ ability to engage in protected concerted activity and keeping that activity confidential from…