5 big NLRB decisions in 2 days
Why 5 big NLRB decisions in 2 days? Well, there's an unwritten NLRB rule: There must be at least 3 votes in order to make a major change. Member Wilcox's term expired August 27, leaving only 3 Members, 2 D's and 1 R, so this became a deadline.
Card check: [Blog] When a union requests recognition on the basis that a majority of employees in an appropriate bargaining unit have designated the union as their representative, an employer must either recognize and bargain with the union or promptly file an RM petition seeking an election. However, if an employer who seeks an election commits any unfair labor practice that would require setting aside the election, the petition will be dismissed, and—rather than re-running the election—the Board will order the employer to recognize and bargain with the union. Cemex Construction Materials Pacific (NLRB 08/25/2023) [PDF]
Unilateral changes: [Blog] (1) No more unilateral changes affecting a unionized workforce during a contractual hiatus or during negotiations for a first contract. (2) An employer’s past practice of unilateral changes that was developed under a management-rights clause in a collective-bargaining agreement cannot authorize unilateral changes made after the agreement expires and while bargaining for a new agreement is under way. Wendt Corporation (NLRB 08/26/2023) [PDF] and Tecnocap, LLC (NLRB 08/26/2023) [PDF].
Concerted activity: [Blog] A single employee complaining in front of other employees can support an inference that the employee was seeking to induce group action. If so, that can be "concerted" activity rather than individual "griping" which would not be protected concerted activity. Miller Plastic Products (NLRB 08/25/2023) [PDF]
Mutual aid or protection: [Blog] Concerted advocacy by statutory employees on behalf of nonemployees is protected by the National Labor Relations Act when it can benefit the statutory employees. American Federation for Children (NLRB 08/26/2023) [PDF].
Wright Line: [Blog] NLRB cleared up some confusion that was caused by Tschiggfrie Properties, Ltd., 368 NLRB No. 120 (2019). Intertape Polymer Corp (NLRB 08/25/2023) [PDF].