Although the union election at Volkswagen in Tennessee has captured the headlines, the UAW has simultaneously been targeting the Mercedes-Benz and Nissan factories in Alabama and Mississippi, respectively. The union filed unfair labor practice charges against Mercedes alleging that union organizers were not allowed inside the plant despite its parent company Daimler AG’s long-held policy…

Kroger maintained a communications policy that required workers to attach a statement indicating that Kroger did not necessarily share their views to any online posting about their employment. This disclaimer strictly followed a 2012 memorandum from the then Acting General Counsel of the National Labor Relations Board that said employers could lawfully require employees to…

Employee Zamora was part of a group of non-union employees who went on strike to protest the speed of a conveyor belt at the meatpacking plant where he worked. A few weeks later, the same employees planned to strike again. About 30 minutes before the strike commenced, Zamora was called into his supervisor’s office and…

This case illustrates how worker centers and labor unions work closely together when trying to organize a company. The UFCW, which has unsuccessfully tried to organize Walmart for years, utilized its worker center OUR Walmart to allege that Walmart committed unfair labor practices when it fired two employees after they participated in demonstrations led by…

Withdrawing recognition is one way to get rid of a union, but it is a complex legal maneuver best left to the professionals (me). The employer here seemed to have properly withdrawn recognition from the union by, among other things, having employees express a current intent to terminate their membership within the union. However, the…

Resident physicians at Elmhurst Hospital Center in Queens, N.Y. sought to unionize and relied on an NLRB decision holding that resident physicians are employees within the meaning of the National Labor Relations Act. The Hospital, relying on a separate Board decision, argued that the residents were more akin to graduate students, not employees, and thus…