Overview: While the percentage of US workers that are unionized has been declining for years, the importance unions play for those they represent continues to be high. The management of labor relations is an important area of concern in the workplace. Both employers and employees covered by the National Labor Relations Act (NLRA) have rights and obligations regarding the unionization of employees. Some key concepts for employers include collective bargaining, lockout, strikes, unfair labor practice, protected concerted activity, right to work, and good faith bargaining - but there are many more!
Trends: Currently 28 states, mostly in the southern and western areas of the United States, are "Right to Work" states. Union organizing is more difficult in these states because they prohibit a union and an employer from reaching an agreement to require union membership and financial support in the form of dues as a condition of continuing employment.
Non-union employers should NOT be complacent that the NLRA or the NLRB don't apply to them. The NLRB has recently ruled in several broad areas, notably work rules, social media and joint employers, which affect all workplaces, union and non-union alike.
Author: Melissa Boyce, JD, Legal Editor
Supreme Court nominee Brett Kavanaugh has compiled a largely pro-employer record in his 12 years on the DC Circuit Court of Appeals. But a contentious Senate confirmation process likely awaits him.
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Kennedy's retirement could lead to a "durable conservative majority of votes for the foreseeable future," which will have a transformative effect on labor and employment law, one expert predicted.
This podcast features the Supreme Court's ruling that companies may force their employees to arbitrate their workplace disputes individually rather than as part of a class action, with insights from Seyfarth Shaw employment attorney Gerald Maatman.
The current uncertainty over the standard to be applied in determining joint-employer status under the National Labor Relations Act (NLRA) "undermines employers' willingness to create jobs and expand business opportunities," according to National Labor Relations Board Chairman John F. Ring.
A group of employees at Boeing's South Carolina plant have voted to unionize as a "micro-unit." The successful union vote have implications for other employers.
The US Supreme Court has ruled that companies may compel their employees to arbitrate workplace disputes individually rather than as part of a class action in a 5-4 decision.
Updated to reflect information on a Supreme Court ruling concerning collective action waivers in arbitration agreements.
Updated to reflect an amendment regarding union dues, effective May 8, 2018.
For the first time in the US, a fast-food restaurant - Burgerville in Portland, Oregon - has been unionized through a National Labor Relations Board (NLRB) supervised election.
HR and legal considerations for employers regarding the management of labor relations. Support and guidance on the ever growing field of labor law.