Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: quickie election

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

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

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

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

UPDATE: Business Groups Appeal Loss on Election Rule

Posted in Courts, Elections, Union Organizing
Updating our post from yesterday, the Texas business groups who lost their challenge to the NLRB’s “ambush” election rule wasted no time filing a Notice of Appeal (pdf) of that decision to the U.S. Court of Appeals for the Fifth Circuit.  While it is certainly possible that the appeals court could reverse the decision, any… Continue Reading

More Election Petitions, Quicker Votes: Data About the Early Impact of the NLRB’s New Election Rule

Posted in Elections, NLRB, Union Organizing
On the heels of the Texas court’s ruling earlier this week, and with more than a month of experience with the NLRB’s new election rule behind us, I thought it would be interesting to find out what the data actually shows is happening under the new rule.  So, yesterday I turned to Susan Connelly of… Continue Reading

The More the Merrier? A New Lawsuit Against the NLRB’s Election Rule Encounters an Early Setback

Posted in Courts, NLRB, Rulemaking
On Thursday, the NLRB won its first courtroom victory in connection with its “ambush” or “quickie” election rule, which went into effect earlier this month.  It was not, however, in one of the two cases that have been pending for some time, and that we have previously discussed on this blog. Instead, the NLRB’s victory… Continue Reading

NLRB Continues Preparations for Implementing Ambush Election Rule

Posted in Elections, NLRB, Rulemaking
Earlier this week, Region 8 of the NLRB held a training session in Cleveland, Ohio, on the upcoming changes to the procedures for representation cases that will go into effect on April 14, 2015.  This training session was one of more than 35 sessions the NLRB is hosting for practitioners across the country.  Additionally, NLRB… Continue Reading

Obama Vetoes Legislation on Ambush Election Rule

Posted in Rulemaking, Union Organizing
As forecast two weeks ago on this blog, President Obama yesterday vetoed the Congressional Review Act resolution that would have prevented the NLRB from proceeding with the implementation of its ambush/quickie election rules adopted earlier this year.  In his “memorandum of disapproval,” the President referred to the rules as “common-sense, modest” changes.  He also noted that employees… Continue Reading

UPDATE: Challenges Mount, But Obama Administration Stands Firm on Quickie Election Rule

Posted in Elections, NLRB, Union Organizing
Regular readers of this blog are already aware of the uproar over the NLRB’s release of its “quickie” or “ambush” union election rule and the litigation it has spawned in both D.C. and Texas federal courts.  The rule will bring a major overhaul to the manner and timeframe in which union elections are held. As litigation has… Continue Reading

Update: Second Lawsuit Filed Challenging NLRB Ambush Election Rule

Posted in NLRB, Rulemaking
Updating our previous post, a second group filed suit (pdf) against the NLRB last week, challenging its ambush election rule.  This time, the challenge comes from The Associated Builders and Contractors of Texas Inc., who are joined by the same organization’s Central Texas Chapter and the National Federation of Independent Business/Texas.  They have asked the… Continue Reading

New Rule on Election Procedures will Speed Up Union Elections

Posted in NLRB, Union Organizing
The NLRB has, after much anticipation, issued its “ambush election” or “quickie election” final rule.  A summary of the major provision in the rules can be found here.   The rulemaking, which followed a long and tortured procedural path, is a major overhaul of the procedures used to conduct secret ballot, union elections. These elections are an important… Continue Reading

Supreme Court Rules that Obama Recess Appointments Invalid

Posted in NLRB
In a major decision yesterday, the U.S. Supreme Court held that the recess appointments President Obama made to the NLRB in January 2012 were unconstitutional. The case related to the appointments of three members of the NLRB on January 4, 2012, during a period of time in which the U.S. Senate was in an intra-session… Continue Reading

Take Two: NLRB Begins its “Do Over” on Union Election Rules

Posted in NLRB
As expected, the NLRB has again proposed to amend various procedural rules that relate to the way in which union election petitions are processed. These changes are primarily designed to speed up the processing of requests for secret ballot elections. They are widely regarding in the employer community as the "quickie" or "ambush" election rules. The… Continue Reading