The National Labor Relations Board plans to change the law regarding what it does when a union files an unfair labor practice charge after employees file a petition to decertify the union. The public comment period for this change expired last week. This new process will likely take effect soon. Currently, if a party to…

The general rule is that union elections are done in-person. Both federal courts and the National Labor Relations Board have acknowledged that secret, manual elections are the most reliable and preferred method of assessing whether a majority of employees support union representation. Mail-ballot elections have historically been permitted only when getting voters together was virtually…

The NLRB received a $25 million hike in funding from Congress a few weeks ago. This is the first increase in nearly 10 years. What’s interesting, though, are some of the stats and numbers behind this increase. The Biden administration called for a $43 million boost to the NLRB’s funding. A group of nearly 150…

NLRB caselaw (covering both union and non-union workforces) has a different definition of what insubordination means than most managers and business owners. Almost weekly I am told of an employee disciplined or terminated for insubordination for slinging vulgarities at a supervisor. When I’m not wearing my labor lawyer hat, I agree, the person acted insubordinately.…

2022 saw a lot of union organizing activity. Successful unions used technology and social issues to rally employees. Technology has allowed union organizers to be more efficient and organize more employees in far less time. Smartphones, email, social media, and private apps have enabled unions to recruit members virtually. No more hanging out in parking…

Did you know that I-9 compliance is a mandatory subject of bargaining? The end of the year is a time for HR audits. I-9 forms are inevitably audited because compliance can sometimes be tricky and penalties for noncompliance are steep. One employer realized that because of noncompliance it needed to obtain new I-9 forms from…