Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: Elections

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NLRB Suggests Safety Protocols for In-Person Union Elections

Posted in Elections
After 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

NLRB Extends Time to Respond to Request for Information on 2014 Election Rule

Posted in Elections, NLRB
The 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

General Counsel’s New Procedures for Bargaining Unit Determinations Will Impact Pending Representation Cases

Posted in Elections, Union Organizing
On 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

Beginning of the End for the NLRB’s Election Rule? Trump Board Issues Request for Information

Posted in Elections, Rulemaking
On 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

Big Defeat for UAW as Nissan Workers Vote “No”

Posted in Elections, Union Organizing
By 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

UAW-Nissan Agree to Election; UAW Files More Charges

Posted in Elections, Union Organizing
On 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

UAW Files Election Petition for Workers at Nissan’s Canton, MS Facility

Posted in Elections, Union Organizing
On 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

Disputes Between Volkswagen and UAW Continue

Posted in Elections, Union Organizing, Unions
Earlier 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

NLRB Decision Provides Example of New Joint Employer Standard in Action

Posted in Elections, Union Organizing
Last 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

UAW Wins VW Election of Skilled Maintenance Workers

Posted in Elections, Union Organizing, Unions
The 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

Electronic Signatures for Union Authorization Cards Get a Green Light

Posted in Elections, Union Organizing
The last several years have seen significant decisions benefiting unions announced around Labor Day.  This year was no different.  There was the more easily satisfied joint employer test and a decision allowing dues checkoff provisions in a union contract to survive the expiration of that contract.  (More on that development coming soon!) Add to these a new guidance memorandum (pdf) from… Continue Reading