Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: election

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

Court Determines that Employer’s “Out of the Ordinary” Communication was Lawful

Posted in Management, Union Organizing
A federal appellate court recently reigned-in the NLRB’s attempt to limit an employer’s response to union activity.  The case, Intertape Polymer Corp., previously covered on this blog, arose in the context of a union organizing drive.  As discussed in our prior post, the NLRB decided that the employer engaged in unlawful employee surveillance, confiscation of… 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

Employers May Feel Blue About NLRB’s Purple Communications Decision

Posted in NLRB, Union Organizing
A recent decision from the NLRB is a good reminder that employer statements during union organizing activity have potentially wide-ranging effects.  This latest case involves Purple Communications, a provider of sign language interpreters who facilitate real-time, two-way phone communication between hearing-impaired and hearing individuals.  The union filed objections after suffering narrow election defeats at two… Continue Reading

Confiscating Union Literature and Engaging in Surveillance of Union Activities Invalidates Election

Posted in Union Organizing
By Nelson Cary and Christina Otero* The United Steelworkers union lost an election at a tape manufacturing facility, with 97 votes for and 142 votes against the union. During the campaign, however, the employer confiscated union literature from the employees’ break room and engaged in surveillance of employees’ union activities. For these transgressions, a majority… Continue Reading

UAW Withdraws Objections to Volkswagen Election

Posted in Union Organizing
By Al Kinzer Just before the NLRB hearing about the UAW objections to the VW election was to start, the UAW withdrew its objections to its 712-626 defeat in the February 2014 election. Thus, the UAW ended its legal battle to overturn the election results.   The UAW stated that pursing its objections would take months… Continue Reading

UAW Files Objections to VW Vote

Posted in Union Organizing
By Al Kinzer Seeking to set aside its loss, the UAW filed formal objections to the VW election with the NLRB. The UAW alleges interference with the NLRB election process by third parties. The UAW requests that the NLRB set aside its 712-626 loss in the February 14 election and conduct another secret-ballot election. The UAW has until… Continue Reading

VW Workers Reject the UAW

Posted in Union Organizing
By Al Kinzer By a vote of 712 to 626, the VW workers in Chattanooga rejected UAW representation. The defeat leaves the UAW in a precarious state. The UAW was hoping to use a victory at VW as momentum for its campaigns at Nissan in Canton, Mississippi, and at Mercedes Benz in Vance, Alabama. Instead, the UAW finds… Continue Reading

VW’s Agreement for a UAW Election

Posted in Union Organizing
By Al Kinzer Voting begins at 6:00 a.m. on Wednesday, February 12, and the polls close at 8:30 p.m. on Friday, February 14. By 11:00 p.m. on Valentine’s Day, Chattanooga will know whether the UAW has been certified as the exclusive union representing the Volkswagen workers at its Chattanooga plant. VW has done a lot for… Continue Reading

AGC Memorandum Contains Answers to Questions from Practitioners

Posted in NLRB
Earlier this year, the Acting General Counsel met with the Practice and Procedure Committee of the American Bar Association’s Labor and Employment Law Section.  This meeting is an annual undertaking.  The AGC answered questions the Committee collected from labor law practitioners around the country. Earlier this month, the AGC released a memorandum (pdf) summarizing the questions that… Continue Reading

AGC Issues Guidance on New Election Rules; Court Denies Motion to Stay

Posted in NLRB
With the effective date of the NLRB’s new election rules now less than 48 hours away, the NLRB’s Acting General Counsel (AGC) continues his implementation efforts.  On Thursday, the AGC issued a memorandum (pdf) to the various regional offices of the NLRB containing additional information interpreting the new rule.  It also contains implementation instructions for the… Continue Reading

Proposed Rule Hastens Union Election Process

Posted in EFCA, NLRB
It is only Wednesday, and yet the week has still been a tough one for employers concerned about union-related issues. On Monday, the U.S. Department of Labor proposed a new interpretation regarding persuader activity. Then yesterday, the NLRB announced a proposed rule that will significantly change, and likely accelerate, the union election process. The official publication of the… Continue Reading

DOL Requests Comment on Electronic Voting for Union Officers

Posted in NLRB, Unions
In a notice (pdf) to be published today, the Department of Labor is soliciting comments on electronic voting in union officer elections.  The law requires that unions elect officers based on a secret ballot vote.  According to the notice, labor unions and other interested parties have requested guidance on the use of electronic voting mechanisms in… Continue Reading