Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit held that the National Labor Relations Board abused its discretion by ignoring its own precedent and downplaying threats made by pro-union employees during an election campaign where the union ultimately prevailed by a one-vote margin.
Should union supporters’ casual, half-hearted
Seyfarth Synopsis: The Fifth Circuit upheld the NLRB’s expedited union election rules on Friday, rejecting an appeal from construction-industry employers and small businesses
The U.S. Court of Appeals for the Fifth Circuit upheld the National Labor Relations Board’s expedited election rules, rejecting an appeal by the Associated Builders and Contractors of
Seyfarth Synopsis: With respect to the lawsuits challenging the Final Persuader Rule, further amicus briefs have been filed and hearing dates have been set for the plaintiffs’ motions for preliminary injunctions.
In follow-up to our earlier blog post regarding the motion for preliminary injunction that was filed by the plaintiffs in
By: Ashley Laken, Esq.
Seyfarth Synopsis: The plaintiffs in the first lawsuit challenging the Final Persuader Rule have filed a motion for preliminary injunction, and the U.S. Chamber of Commerce seeks to file an amicus brief in support of that motion.
In follow-up to our earlier blog post about the first lawsuit to challenge
By: Karla Sanchez, Esq.
In a recent blog post (here), we discussed the Board decision changing the rule concerning captive audience speeches in mail-ballot elections by setting the prohibition (on such speeches) to start 24 hours before the Region is scheduled to mail the ballots, rather than from the date and time
In follow-up to our earlier blog post about the first lawsuit to challenge the U.S. Department of Labor’s Final Persuader Rule that was promulgated in late March, two additional lawsuits have been filed challenging the Final Rule, this time in the U.S. District Court for the District of Minnesota and
Yesterday, a group of plaintiffs (including a trade association, the Arkansas Chamber of Commerce, the Coalition for a Democratic Workplace, the National Association of Manufacturers, and a law firm) filed suit in the United States District Court for the Eastern District of Arkansas against the U.S. Department of Labor challenging
By: Brian M. Stolzenbach, Esq.
This morning, the DOL revealed its final “persuader” rule — a regulation that has been in the works for years. According to the DOL, the rule “realign[s] the Department’s regulations with the text of . . . the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).” Among other things, the
In an unpublished decision (Blommer Chocolate Co. of California, LLC, Case No. 32-RC-131048) issued on February 17, the NLRB set aside the results of an election in which the tally of ballots was 18 for and 50 against the union, reasoning that the employer had maintained three overbroad
By: Karla E. Sanchez, Esq.
On January 29, 2016, the NLRB in Guardsmark, LLC, 363 NLRB No. 103 (decision), changed over 50 years of precedent under the guise of “clarifying” a well-established rule concerning when the captive-audience speech prohibition begins in mail-ballot elections. In 1959, the Board in Oregon Washington Telephone
