Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: Union Organizing

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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

Federal Court Permanently Blocks Persuader Rule

Posted in Courts, Department of Labor, Union Organizing
In welcome news to employers, a federal district judge in Texas earlier this week permanently blocked the Department of Labor’s (“DOL”) persuader rule. The court’s order makes permanent its June decision temporarily blocking the rule.  The temporary order is on appeal to the Fifth Circuit Court of Appeals.  Nonetheless, the court decided that the persuader… 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

Student Assistants at Private Colleges and Universities Can Unionize

Posted in Union Organizing
Last week, the NLRB majority ruled that undergraduate and graduate students providing services as teaching or research assistants at private colleges and universities could be “employees” of their school within the meaning of the National Labor Relations Act. Therefore, these students could collectively bargain with their school.  The NLRB’s holding marks another chapter in the… 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

NLRB Reverses Course (Again) on Bargaining Units that Include Temporary Employees

Posted in Union Organizing
Last week, the NLRB issued a widely anticipated decision reversing the existing rule on collective bargaining units including temporary employees. Now, regular employees of the employer and temporary staffing agency employees working for the same employer could be combined in the same bargaining unit without either the employer’s or the staffing agency’s consent. The decision… Continue Reading

Federal Court Issues Nationwide Injunction Against DOL’s Persuader Rule

Posted in Rulemaking, Union Organizing
A federal district judge in Texas today issued a nationwide injunction prohibiting enforcement of the Department of Labor’s (“DOL”) persuader rule, saying it threatens employers’ rights to secure legal advice about union organization. The Texas court is the first court to block enforcement of the rule.  In a contrary ruling just last week, a Minnesota… Continue Reading

Big News on the Persuader Rule: Agreement Prior to July 1 Could Limit Future Reporting Obligation

Posted in Rulemaking, Union Organizing
The DOL has recently interpreted its new Persuader Rule to exclude an agreement or arrangement signed before July 1, 2016, even if the services and payments occur after July 1.  In an email exchange between the U.S. Chamber of Commerce and the DOL, the DOL said:  “Services and payments made pursuant to a multi-year agreement,… Continue Reading

Parties Attempt to Persuade Courts on Legality of New Persuader Rule as July 1st Application Date Approaches

Posted in Courts, Rulemaking, Union Organizing
Challenges to the Department of Labor’s (“DOL”) new persuader rule have reached a critical stage.  Parties opposing the rule, including industry associations and law firms, have asked courts in three separate lawsuits to stop the DOL from enforcing the rule while the courts determine whether the rule is invalid.  Several states, as well as the… Continue Reading

VW to Continue Micro-Unit Fight with UAW

Posted in Union Organizing, Unions
The NRLB recently gave the UAW an expected victory. As readers of this blog will recall, the UAW is seeking to represent about 165 skilled maintenance workers at the VW plant in Chattanooga. VW contended that the UAW should not be permitted to represent a micro-unit of 165 skilled maintenance workers in a manufacturing facility… Continue Reading

Amid Legal and Political Challenges, DOL Issues Enforcement Policy for Its New Persuader Rule

Posted in Rulemaking, Union Organizing
On March 24, 2016, the Department of Labor issued its long-anticipated final rule regarding the advice exemption to the persuader rule in the Labor-Management Reporting and Disclosure Act (“LMRDA”). The new rule changes the test that has been in place for more than 50 years and significantly expands the types of activities and information that… Continue Reading

The Persuader Rule has Arrived: A Must-Read for Employers

Posted in Rulemaking, Union Organizing
The DOL issued its new persuader rule today. The final rule is largely unchanged from the proposed rule that was originally published in 2011. As expected, the DOL’s new interpretation departs from decades of precedent to expand the definition of “persuader” activities while limiting the definition of “advice” activities. As a result of this new… Continue Reading