We have reported in recent months about steps that the National Labor Relations Board (“NLRB”) has been taking that will make it far more easy for a Union to win and keep the right to represent a group of workers. The most recent NLRB decision to support union organizing rights opens the door for unions to target a smaller group of employees at a workplace, rather than having to organize a larger group of workers. This will make it much easier for a union to “cherry-pick” a group of workers, gain a foothold, and then try to expand from there to other groups in the same company.
Continue Reading NLRB Takes Another Big Step to Make Union Organizing Easier

As expected, the NLRB has moved forward with initiatives that seem designed to make it easier for unions to successfully organize. The most controversial aspects of the proposed Employee Free Choice Act, including card-check recognition and mandatory arbitration in bargaining, seem to be dead in the water. But a union-friendly NLRB is pursuing initiatives administratively that will facilitate union organizing. 

Rule Making to Require Posting About Organizing Rights

The NLRB recently issued a Notice of Proposed Rule Making which would require all employers to post notices in the workplace advising employees of their rights to engage in union organizing. The notice would have to be posted prominently in the workplace and employers that communicate electronically with employees would be required to include the posting in an electronic communication The proposed mandatory organizing poster is very similar to one that is required for federal contractors and subcontractors. It gives a comprehensive explanation of employee rights to organize and restrictions on employer responses to organizing. 


A copy of the NLRB news release about the proposed rule, together with links to the Notice of Proposed Rule Making, which includes the full text of the proposed posting, and additional information, can be found here


The prospect of a mandatory prominent notice about union organizing in the workplace is good cause for every employer to evaluate its overall plan for response to possible union activity.

 Continue Reading NLRB Seems Determined to Make Union Organizing More Easy