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McBrayer Blogs

Showing 11 posts in Union.

Amidst Unionization Trends, What Can Employers Do?

With strikes and unionization efforts appearing in recent news with great frequency, many employers are left wondering, “Am I next?” Though labor organizing creates a tough legal line for employers to walk, there are options to protect your business from union activity. More >

NLRB Time Travels Back to 2014 Rule to Speed Up Union Elections

Once again, the NLRB has taken up time travel, this time reversing a 2019 rule about union election procedures to return to the 2014 “quickie election” rule that allows unions to organize workplaces at lightning speed. More >

NLRB GC Seeks to End Captive Audience Meetings

In yet another bid to weaken employers’ stance in the face of organized labor, NLRB General Counsel Jennifer Abruzzo has issued a memo calling for an end to employer-led “captive audience” meetings. This move by the NLRB threatens one of employers’ key tools for curbing unionization in the workplace and is yet another foreboding sign of the Biden administration’s pro-labor agenda. More >

Amazon Workers Vote to Unionize, Paving Way for New Labor Woes for Employers

For the first time in the U.S., an Amazon facility’s workers have voted to unionize. The workers at the Staten Island warehouse “JFK8” voted 2,654-2,131 to be represented by the Amazon Labor Union (ALU). After years of unsuccessful organizing attempts across the country, this breakthrough victory portends a growing labor movement, and employers should be ready for what it may bring. More >

Facebook is Not a Picket Line

The National Labor Relations Act protects the rights of employees to connect and address conditions at work, and recent decisions have held that this protection extends to certain work-related conversations on social media.[1] However, it has yet to be determined exactly how far this protection will reach. More >

Employers – Are You Prepared for New NLRB Election Rules?

On April 14th, the new National Labor Relations Board (“NLRB”) election rules came into effect, creating a potential headache for employers. Perhaps most critically, the timeline between the initial petition for union election and the election itself may be as short as 13 days, giving employers limited notice of potential union organization and activity. These accelerated elections are derisively (but maybe not unjustly) referred to as “ambush” or “quickie” elections. More >

What Does the Northwestern Decision Mean for Unions?

It is not often that a decision from the National Labor Relations Board (“NLRB”) makes headlines, but the recent decision declaring Northwestern scholarship football players as “employees” of the university has done just that. While those in the sports world are theorizing about the ruling’s impact on college athletics, the decision does offer another takeaway. More >

Does the Northwestern Decision Change the Direction of College Athletics?

On March 26, 2014, Peter Ohr, Regional Director for the National Labor Relations Board (“NLRB”), issued a landmark decision: a group of Northwestern football players receiving scholarships qualify as employees of their university, and have the right to form a union and bargain collectively. The decision followed after a petition was filed by the College Athletes Players Association (“CAPA”), led by former Northwestern quarterback Kain Colter. The university opposed the petition, arguing that scholarship football players are akin to stipend-receiving graduate student assistants, who have historically been categorized as non-employees by the NLRB. More >

Court of Appeals Decisions Will Stick on the NLRB Poster Rule

In August of 2011, the National Labor Relations Board (“NLRB”) approved a poster rule requiring businesses to post notifications reminding workers about their right to unionize. Employers and business groups that felt the rule was one-sided and pro-union subsequently challenged the rule and were victorious in two separate U.S. Circuit Courts. More >

NLRB's Poster Rule Struck Down by D.C. Circuit

On May 7, the U.S. District Court of Appeals for the District of Columbia struck down a National Labor Relations Board (“NLRB”) ruling that would have required millions of private employers, both union and non-union, to put up posters alerting employees of their rights under the National Labor Relations Act (“NLRA”). The poster informed employees of their right to join and/or form a union, collectively bargain with employers, and act jointly to improve wages or working conditions. More >

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