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Top Five Labor Law Developments for August 2023 - Jackson Lewis

Thu, Sep 7, 2023 08:13 ET
in Press Release

  1. The National Labor Relations Board issued new election rules and a decision overhauling the unionizing process. 88 Fed. Reg. 58076 (2023); 372 NLRB No. 130 (2023). The Final Rule amends and returns the Board’s representation election procedures to the “quickie election” rules (first adopted by the Obama-Board in 2014 and later rescinded by the Trump-Board in 2019) that established tight timelines on hearing dates and elections. The Board also adopted a new framework for when employers must recognize a union without an election. Unions will no longer be required to file for an election with the Board if they claim a majority of employees in the proposed bargaining unit want to be represented. If a union demands recognition based on its claimed support of a majority of employees, an employer that refuses to recognize the union would violate the National Labor Relations Act unless the employer “promptly” files an RM petition with the Board requesting an election to test the union’s majority status or the appropriateness of the unit. Further, if the employer commits certain ill-defined unfair labor practices (ULP), the Board will dismiss the petition without an election and order the employer to recognize and bargain with the union.
  2. The Board reaffirmed the general counsel (GC) can meet burden of proof in retaliation cases by relying in whole or in part on circumstantial evidence. Intertape Polymer Corp., 372 NLRB No. 133 (2023). The Board clarified its Trump-era...


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