Vigilant Blog

As expected, the National Labor Relations Board has issued “quickie election” rules—new regulations that will likely shorten the amount of time between a union’s petition for an election and the date of the election itself. The changes apply to representation petitions filed on or after December 26, 2023 (88 Fed Reg 58076, August 25, 2023)….

The National Labor Relations Board (NLRB) now requires employers to quickly file any challenges to a union’s demand for recognition, and if an employer commits an unfair labor practice (ULP) that would justify setting aside an election result in the employer’s favor, the Board will require the employer to proceed straight to bargaining with the…

The National Labor Relations Board has returned to its traditional multi-factor test for determining independent contractor status, overruling its own 2019 decision that had focused mainly on the worker’s entrepreneurial opportunity (The Atlanta Opera, Inc., NLRB, June 2023). This test is important to properly classify workers because independent contractors are excluded from the organizing rights…

On June 1, 2023, the U.S. Supreme Court ruled that a Washington concrete company could sue a union in state court for destroying its product when the union called a strike as soon as the company’s trucks were loaded with wet concrete and dispatched to deliver it. At least 16 drivers reversed course and returned…