Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: Union Organizing

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The NLRB Expands Employer Authority over its Publicly Accessible Spaces

Posted in Property Rights, Union Organizing
In a win for employers’ private property rights, the NLRB last month gave employers greater rights to control how their property is used, including what occurs on publicly accessible spaces within that property, like a cafeteria.  In UPMC Presbyterian Hospital, 368 N.L.R.B. No. 2 (2019), the NLRB held that “an employer may prohibit nonemployee union… Continue Reading

UAW Defeated at VW for Second Time

Posted in Union Organizing
By a vote of 833 to 776, the VW workers in Chattanooga again rejected the UAW.  The vote was held from June 12 through June 14, and 93% of those VW workers eligible to vote did cast a ballot in the NLRB-supervised election. This UAW defeat follows the UAW’s defeat in 2014.  In this 2019… Continue Reading

NLRB Sets UAW Vote at VW for June 12-14

Posted in Union Organizing
The NLRB has approved a stipulated election agreement between Volkswagen and the UAW for a vote to be held from June 12 through June 14.  Close to 1,800 production and maintenance VW employees at the Chattanooga facility will be eligible to vote in the election.  Polling times are spread across three days with the vote… Continue Reading

Three Times a Charm? UAW Files Third Election Petition to Represent VW Chattanooga Workers

Posted in Union Organizing
On April 9, 2019, the UAW filed a third election petition with the NLRB to represent workers at Volkswagen’s manufacturing facility in Chattanooga.  With this new petition, the UAW seeks to represent about 1,700 production and maintenance workers at the VW facility. In 2014, the UAW lost an election to represent the same VW group… Continue Reading

NLRB Revisits and Clarifies Test for Independent Contractors; Overturns 2014 NLRB Decision

Posted in Independent Contractors, Union Organizing
The Trump NLRB continues to revisit, and overturn, Obama-era decisions.  Late last week, in SuperShuttle DFW, Inc., the NLRB revisited the test for determining when a worker is an independent contractor, and in the process overruled the Obama NLRB’s decision in FedEx Home Delivery. First, however, a little background information.  As we have previously discussed,… Continue Reading

Part 2: Will the Federal Government Take Over the UAW?

Posted in Union Organizing, Unions
Another shoe dropped on the growing UAW-Chrysler scandal.  Recently, Alphons Iacobelli, the former Chrysler VP of Labor Relations, was sentenced to 5½ years in federal prison for siphoning money from the joint UAW-FCA training center.  Mr. Iacobelli purchased a $350,000 Ferrari, $35,000 Mont Blanc pens, and built a pool in his backyard with money from… Continue Reading

Will Employers Get Their Email Systems Back? NLRB Invites Briefs on Purple Communications

Posted in Employee Handbooks, NLRB, Union Organizing
Last Wednesday, the NLRB issued a notice and invitation for parties to file briefs to address how the board should treat its previous decision Purple Communications, Inc., 361 N.L.R.B. 1050 (2014).  As we explained when Purple Communications was decided, the NLRB held that employees who were given access to their employer’s e-mail system for work-related purposes… Continue Reading

Will the federal government take over the UAW?

Posted in Union Organizing, Unions
The scandal involving former UAW officials and Chrysler executives has expanded. The U.S. Justice Department has now labeled the UAW and Fiat Chrysler Automobiles (FCA) as co-conspirators in the bribery and corruption scandal. Now, the UAW faces possible criminal fines and potential federal government oversight of its finances. So far, the federal investigation has resulted… Continue Reading

Out of the Criminal Indictments of UAW and Chrysler Officials Comes Two Class Action Lawsuits

Posted in Union Organizing, Unions
As previously covered by this blog, the U.S. Justice Department has thus far indicted two former UAW officials and two former Chrysler officials in an embezzlement scandal involving the joint UAW-Chrysler training center.  Now two classes of Chrysler workers have filed civil lawsuits against both the UAW and Chrysler’s parent, FCA US LLC based on… 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

Another NLRB Course Reversal: Union Organizing in “Micro-Units”

Posted in NLRB, Union Organizing
In the final days of Chairman Philip Miscimarra’s (R) term, we have seen a flurry of decisions that reverse the outcome of cases decided during the Obama Board years. Friday, the last day of Chairman Miscimarra’s term, was no different.  In the NLRB majority’s sights this time was the union-friendly Specialty Healthcare decision that made… Continue Reading

Fuyao Workers Reject the UAW by 2-to-1 Margin

Posted in Union Organizing
After two days of voting in a secret-ballot NLRB election, production and maintenance workers at the Moraine, Ohio Fuyao glass plant rejected the UAW.  The final vote tally was 886 “No” votes to 441 “Yes” votes. This is the third major defeat of the UAW among auto manufacturing and auto supplier companies in as many… Continue Reading

Fuyao Workers to Vote on UAW Representation on November 8 and 9

Posted in Union Organizing
On October 25, Fuyao Glass America, the UAW and the NLRB reached an election agreement for an NLRB-supervised, secret-ballot election at the Fuyao plant in Moraine, Ohio. Approximately 1,500 Fuyao production and maintenance workers will vote on whether to designate the UAW as their collective bargaining agent. The election is set for Wednesday, November 8… 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

Puzder, and Acosta, and Boeing, and Griffin, Oh My!

Posted in Department of Labor, NLRB, Union Organizing
What a last couple of weeks on the labor law front.  Here is a quick round up of significant developments, just to make sure you are caught up: Puzder Out, Acosta Up Next President Trump’s first DOL secretary nominee, Andrew Puzder, withdrew himself from contention earlier this week.  Press reports suggest that there was insufficient support… Continue Reading

Has President Trump Forgotten About the Persuader Rule?

Posted in Department of Labor, Rulemaking, Union Organizing
The Trump Administration has acted quickly to address some of the rules promulgated by the Department of Labor (“DOL”) during the Obama presidency. One such rule is the overtime regulation that would more than double the salary threshold for employees to be exempt from overtime requirements.  The overtime rule was invalidated by a Texas district… Continue Reading

Documentation, not Intuition, is Key to Determining Whether an Employee is a Supervisor

Posted in Supervisors, Union Organizing
A recent NLRB decision once again demonstrates that intuition and logical conclusions are no substitute for documentation of supervisory acts when it comes to classifying employees as supervisors under the NLRA.  At issue this time was a registered nurse whom the employer hired to assign and supervise the work of other nurses during shifts in which no other… Continue Reading