By Allen Kinzer on Posted in ElectionsOn June 11, 2021, the NLRB Regional Director rejected the IAM’s petition to represent 87 tool and die technicians out of about 4,300 production and maintenance employees at Nissan’s Smyrna, Tennessee plant. As reported on this blog, the IAM filed a micro-unit petition earlier this year. The NLRB Regional Director held a 10-day evidentiary hearing… Continue Reading
By Nelson Cary and Alex Ehler on Posted in ElectionsIn a political climate fraught with partisanship, rare instances of bipartisanship and even unanimity can be welcome events. For labor professionals on the management side, the NLRB’s June 9, 2021 decision in Professional Transportation, Inc. is likely to be doubly welcome, as the NLRB unanimously held that a union’s solicitation of mail ballots constitutes objectionable… Continue Reading
By Nelson Cary and Alex Ehler on Posted in Elections,Union OrganizingAmazon has defeated the largest labor drive in the company’s history. Today, the NLRB completed a vote count in an election involving employees at Amazon’s facility in Bessemer, Alabama, which employs nearly 6,000 people. Of these nearly 6,000 people, 3,041 mailed in their ballots indicating whether they wished to be represented by the Retail, Wholesale… Continue Reading
By Allen Kinzer on Posted in Elections,Union OrganizingThe International Association of Machinists and Aerospace Workers filed an NLRB election petition to represent 87 tool and die maintenance technicians at Nissan’s Smyrna, Tennessee auto plant. At the Smyrna facility, Nissan employs approximately 4,300 production and maintenance workers. The IAM union is trying to slice a very small group out of the whole. The… Continue Reading
By Nelson Cary and Amanda Kuehner on Posted in ElectionsAs this blog previously discussed, the NLRB resumed union elections in April of this year after taking a short COVID-19-related hiatus in March. Thereafter, the NLRB’s General Counsel provided suggested safety protocols for conducting in-person manual elections. Now, the NLRB itself has spoken in its first decision on how to determine whether an election should… Continue Reading
By Nelson Cary on Posted in ElectionsAfter the COVID-19 pandemic caused a temporary suspension of both in-person and mail ballot labor union elections, the NLRB permitted elections to resume in early April. On Tuesday, July 6, the General Counsel issued guidance addressing suggested safety protocols for conducting manual elections. As the COVID-19 pandemic continues to evolve, the General Counsel acknowledged the… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Elections,RulemakingLabor professionals waiting for the new rule on certain employee free choice issues to go into effect will have to wait a little longer. The NLRB announced on Wednesday that it is delaying the effective date of this rule for 60 days, until July 31, 2020, due to the COVID-19 pandemic. The NLRB published the… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Elections,Union OrganizingIt’s back to business for the NLRB, at least when it comes to representation elections. The NLRB announced today that it would not extend its temporary suspension of elections past this Friday, April 3, 2020. The NLRB will resume conducting elections on Monday. The NLRB had temporarily suspended NLRB elections on March 19, 2020 due… Continue Reading
By Nelson Cary on Posted in Elections,RulemakingWhile Covid-19 has slowed down certain things at the NLRB, it hasn’t stopped the agency from functioning. The NLRB announced today that it will publish its final rule on certain employee free choice issues tomorrow, April 1. The rules will address three major issues: The NLRB’s “Blocking Charge” Policy. The term comes from the NLRB’s… Continue Reading
By Nelson Cary on Posted in Elections,RulemakingToday, the NLRB announced that it will delay its new election rule. This follows on the heels of the NLRB’s decision last week to delay election proceedings generally due to the Covid-19 situation. As readers of this blog know, the NLRB published its final election rule in December last year. The rule’s net effect was… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Elections,NLRBThe 2014 Election Rule is here to stay— at least for the next two months. On Friday, the NLRB extended the time for filing responses to the Request for Information until March 19, 2018. As we previously reported, the 2014 Election Rule, also known as the “ambush” or “quickie” election rule, speeds up the representation… Continue Reading
By Allen Kinzer on Posted in Elections,Union Organizing,UnionsIn a one-sentence order, the United States Court of Appeals in D.C. may have set the stage for Volkswagen to overturn a UAW election win. After the new Republican majority on the NLRB reversed the Obama Board’s micro-unit decision, the NLRB then moved to have the Volkswagen case sent back to it for further review.… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Elections,Union OrganizingOn the heels of the NLRB’s recent decision changing the approach to determining whether a proposed bargaining unit is appropriate, the NLRB General Counsel issued a memorandum explaining how regional offices around the country should apply that decision to pending election cases. As we discussed on this blog last week, the NLRB’s recent decision in PCC… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Elections,RulemakingOn Wednesday, the NLRB announced that it would ask for public input on the 2014 Election Rule, sometimes known as the “ambush” or “quickie” election rule. The 2014 Election Rule speeds up the representation election procedure, allowing union votes to occur in much less time than was previously the case. For example, as we previously reported,… Continue Reading
By Allen Kinzer on Posted in Elections,Union OrganizingBy nearly a 2-to-1 margin, Nissan’s production and maintenance employees at its Canton, Mississippi facility rejected UAW representation. The count was 2,244 “no” votes to 1,307 “yes” votes. The UAW had invested heavily for over six years in trying to convince Nissan’s Mississippi workers to vote “yes.” Through demonstrations and rallies featuring actor Danny Glover,… Continue Reading
By Allen Kinzer on Posted in Elections,Union OrganizingOn July 16, the UAW and Nissan entered into a Stipulated Election Agreement with the NLRB. Under the Agreement, the UAW agreed that only the production and maintenance workers employed directly by Nissan would be able to vote. The Agreement excludes from the bargaining unit “temporary employees” and “contract employees,” and specifically excludes those workers… Continue Reading
By Allen Kinzer on Posted in Elections,Union OrganizingOn July 10, the UAW filed a NLRB Petition for Election to represent all of the production and maintenance workers at Nissan’s Canton, Mississippi manufacturing facility. The facility has over 6,500 workers. The petition could not only include the production and maintenance workers employed directly by Nissan, but also include contract workers employed by Kelly… Continue Reading
By Nelson Cary on Posted in Elections,Union OrganizingBecause the team I was pulling for in the NCAA tournament exited last week, I was only loosely paying attention to the game last night. As I cruised Twitter, this tweet from Acting NLRB Chair Miscimarra (R) caught my eye: Divided NLRB permits election where NLRB notice gives some voters 3 days’ notice they are in… Continue Reading
By Allen Kinzer on Posted in Elections,Union Organizing,UnionsEarlier this month, Volkswagen appealed to the U.S. Court of Appeals in Washington, D.C., in an effort to overturn the NLRB’s decision upholding the UAW’s election win to represent about 165 skilled maintenance workers within VW’s Chattanooga plant. VW contends that the UAW should not be permitted to represent a small segment of the production… Continue Reading
By Nelson Cary and George Stevens on Posted in Elections,Union OrganizingLast week, the NLRB released an opinion finding joint employment status under the standard it retooled in the Browning-Ferris Industries (“BFI”) case in 2015. At issue was a petition from the Laborer’s Union to hold an election to form a bargaining unit covering asbestos removal workers. The Union argued that these workers were jointly employed… Continue Reading
By Nelson Cary on Posted in Elections,Union OrganizingThe NLRB’s so-called “ambush” election rule turned one year old last month. To commemorate the birthday, I decided to turn to Susan Connelly, the Executive Director at PTI Labor Research, and prior contributor to this blog, to ask what she is seeing in the election data. Nelson: Looking back at the first year of the… Continue Reading
By Allen Kinzer on Posted in Elections,Union Organizing,UnionsVolkswagen has refused to bargain with the UAW as the representative of 165 skilled maintenance workers at VW’s Chattanooga facility. Consequently, the UAW has filed unfair labor practice charges with the NLRB. VW’s refusal to bargain with the UAW is the only means for VW to challenge the recent election. On December 14, the NLRB… Continue Reading
By Allen Kinzer on Posted in Elections,Union Organizing,UnionsThe UAW won the election to represent 165 skilled maintenance workers at VW’s Chattanooga facility. There were 108 “yes” votes in favor of UAW representation and 44 “no” votes against the UAW. VW appealed the NRLB Regional Director’s decision approving an election for a micro-unit of skilled maintenance workers. Now, VW must decide whether to… Continue Reading
By Nelson Cary on Posted in ElectionsEarlier this year, the NLRB released data on union wins in election petitions filed during FY 2015 (i.e., from October 1, 2014 to September 30, 2015). The results: unions won 66% of all election petitions filed. In representation petition activity, where the union is trying to gain representation rights for the first time, unions won 69%… Continue Reading
