Last week saw the National Labor Relations Board (“Board”) introduce impactful changes that may alter the landscape for Unions seeking recognition of most private sector employees in the U.S. These newly implemented rules, as reported by JDSupra, carry notable implications for employers, largely favoring unions and facilitating their attempts to gain a certified bargaining representative…
The legitimacy of the United States Supreme Court has been called into question, rendering state supreme courts more crucial than ever. In many states, it is the constitution that acts as the sole defender of historically recognized rights. One only needs to look at Wisconsin, where recent state supreme court elections triggered a significant dispute,…
On August 25th, the National Labor Relations Board (NLRB) revealed a rather dynamic change of pace. In a published Final Rule, the board has decided to resurrect so-called ‘Quickie Election’ rules, signifying quite a shift on the labor law landscape. This newly enacted rule is set on considerably reducing the time between the filing of…
President Joe Biden’s recent judicial nominations, while diverse in terms of racial and gender representation, show a decrease in the variety of legal experience within candidates – a point of concern for progressive advocates. According to a recent analysis by Bloomberg Law, Biden’s nominations this year showed a significant downturn in judges with career experiences…
Recent amendments by the U.S. National Labor Relations Board (NLRB) indicate that significant changes are around the corner for the conduct of elections within organizations. These changes, which took effect August 24, 2023, are partly a reversal of several Trump-era rules and partly a re-implementation of rules dating back to the Obama administration. The crux…
Facebook’s parent company, Meta, has rejected the recommendation from its Oversight Board to suspend former Cambodian Prime Minister Hun Sen’s Facebook account for allegedly inciting violence. In a video posted in January, Hun Sen appeared to threaten his political adversaries with violence, which was seen by many as a violation of Facebook’s community guidelines. Nevertheless,…
In a significant shift in labor law policy, the National Labor Relations Board (NLRB or Board) has altered its approach to determining union representation for employees. For close to 90 years, the preference was given to a secret ballot election administered by the NLRB whether employees wanted a union to represent them. This practice was…
The new framework devised by the National Labor Relations Board (NLRB) for streamlining the unionization process continues to face potential legal obstacles despite having defined features aimed at bypassing some of the anticipated hurdles in federal courts. In the recent Cemex Construction Materials Pacific case, the NLRB has placed the responsibility on employers to initiate…
On the heels of a contentious 2023 presidential election in Gabon, a faction of Gabonese soldiers claimed to have seized control of the nation via a televised announcement. Having formed the Committee for the Transition and Restoration of Institutions (CTRI), these soldiers disposed of the election results that pronounced President Ali Bongo the victor amidst…
An opportunity arose last week when the IRS delayed its enforcement of the new law that mandates workers earning over $145,000 a year to make catch-up contributions solely on a Roth (post-tax) basis. This hold, which extends until 2026, was influenced by the efforts of the benefits community and retirement plan sponsors who called on…
In a significant shift in labor law, the National Labor Relations Board (NLRB) has issued a ruling on August 25, 2023, that drastically reduces options for employers when challenging union organizing campaigns through secret ballot elections. This verdict, released in the case of Cemex Construction Materials Pacific, LLC, effectively overturns the NLRB’s 1971 decision in…
The National Labor Relations Board (NLRB) has delivered a serious blow to nonunion employers on August 24 and 25, 2023. Notably, the Board has opened a pathway for unions to gain recognition without needing an election. Now, it’s possible for unions to successfully establish recognition by collecting signed authorization cards from employees, thereby sidestepping the…
In a significant recent decision, the National Labor Relations Board (NLRB) appears to have substantially modified the landscape of labor relations within the United States. The decision, given on Friday, August 25, 2023, in the Cemex Construction Materials Pacific, LLC case, has far-reaching implications that legal professionals should consider. A closer reading of the specific…
In a long-anticipated move, the National Labor Relations Board (NLRB or Board) released its decision on August 25, 2023, regarding Cemex Construction Materials Pacific (Cemex) captured in NLRB Case No. 28-CA-230115. The situation with Cemex revolved around accusations of unfair labor practices (ULPs) that were committed before, during, and after a so-called “critical period” of…
The European Court of Human Rights (ECHR) has recently ruled that Bosnia and Herzegovina’s political system allows for undemocratic elections and encourages ethnic divisions. The decision highlights that dominant ethnic groups, including Bosniacs, Croats, and Serbs, have privileges not available to other ethnic groups. The Court held in the case of Kovačević v Bosnia and…
In a pivotal turn of events from August 24 and 25, 2023, the National Labor Relations Board (NLRB) issued new regulations and a watershed decision that significantly alter the union election process. The fresh approach deviates from longstanding precedents and ushers a significant transformation in the way union elections are conducted. The NLRB has introduced…
On Monday, the Federal Security Service (FSB) of the Russian Federation, charged Robert Shonov, a former US consulate contract employee in Moscow with high treason — a charge that carries a potential sentence of 12 to 20 years in prison. This charge is prompted by Article 275 of Russia’s Criminal Code, which prohibits the disclosure…
On Friday, the National Labor Relations Board (“NLRB” or the “Board”) made a paradigm-shifting decision, profoundly limiting employers’ rights to demand a secret ballot election. This unprecedented move has effectively overturned 50 years of labor law, indicating a potential shift in the Board’s traditionally balanced stance. The decision was issued in response to the case…
The National Labor Relations Board (NLRB) has reinstated its “quickie” election rules in a significant development for corporate law professionals across the United States. The changes to representation-case procedures are set to greatly expedite the pre-election timeline for employers, with the rules coming into effect from December 26, 2023, according to an announcement by the…
In a notable evolution of labor laws, the National Labor Relations Board (NLRB) has put forth a Final Rule altering union election processes. Known colloquially as “Ambush” or “Quickie” elections, this recent regulation appears to be significantly more union-friendly. The issuing of this Final Rule on August 24, 2023, underlines the continuance of an evolving…
The National Labor Relations Board (NLRB) recently published its final rule (“2023 Rule”) on Friday, August 25, amending the representation election procedures. An amendment of prior rules proposed in 2019 and formally finalized in 2020 with subsequent changes (“2019 Rule”), this latest ruling marks a significant development in the realm of representation election procedures. The…
As regulatory tides shift, so do elections within the realm of labor unions. In a noteworthy decision, The National Labor Relations Board (NLRB) has issued a new rule that reinstates the pre-2019 standards for union elections. The decision makes the process of unionization somewhat more expeditious for workers, yet it exerts an extra burden on…
In a significant departure from longstanding policy, the National Labor Relations Board (NLRB) on August 25, 2023, overturned its half-century-old precedent, set in 1971’s Linden Lumber, to bring back a version of the 1949 Joy Silk doctrine. This information is confirmed by Hinshaw & Culbertson, a law firm specializing in Employment Law. The NLRB’s decision…
In a surprising legal shift, the National Labor Relations Board (NLRB or Board) has reintroduced key elements of the long-inactive legal doctrine known as Joy Silk. The re-enacted provisions allow unions the freedom to sidestep the conventional representation election process. This move is aligned with the stated objective of Board General Counsel Jennifer Abruzzo to…
The United States National Labor Relations Board (NLRB) has implemented a final rule that modifies certain procedures related to union representation elections. It becomes effective on December 26, 2023, and supersedes a rule cap from the Trump administration in 2019. It also marks a return to most of the procedures issued in 2014 during the…