The National Labor Relations Board is proposing to rescind its current rule that allows:

  • Representation elections to proceed even when there are pending unfair labor practice charges alleging employee free choice has been compromised;
  • Challenges to the representative status of a voluntarily recognized before there has been a reasonable period for collective bargaining; and,
  • Election

Section 7 of the National Labor Relations Act (Act) gives employees the right to form unions, bargain collectively and to “engage in other concerted activities for the purpose of … mutual aid or protection”. Speaking out about conditions of employment on behalf of a group of employees would fall  within this protection. And, section 8

The National Labor Relations Act (Act) states that it is an unfair labor practice for an employer to refuse to bargain collectively with its employee representatives (i.e. a union).

Recently, the United States Court of Appeals for the 9th Circuit confirmed that when this happens, an employer may have to reimburse its union the

Hands passing around business document at table

A recent National Labor Relations Board decision, General Aire Systems, Inc. (371 NLRB No. 120), reminds employers of some pitfalls they may face when handling a union’s request for information, and steps that may be taken to minimize associated legal risks.

By way of background, when a union has a collective bargaining relationship with an