What You Need to Know

• An NLRB decision issued last Thursday shifts many of the burdens in union representation efforts to employers—and sets traps for any missteps.
• The changes are expected to open the floodgates on unionization efforts.
• This is the NLRB's most aggressive pro-union move since it came under Democratic control in 2021.

In what some attorneys are calling the most significant change in federal labor law in a half-century, the National Labor Relations Board has issued new rules that put employers in the onerous position of being forced to recognize and bargain with a union—unless they take swift action to request an employee election and prevail in that election.

“These changes radically shift the legal landscape for companies,” Morgan, Lewis & Bockius wrote in a note to corporate clients, and “make it much easier for unions to organize.”

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