Reading Into NLRB’s Amended Union Election Rules – Part 1, Law360 Retail Series


Steven M. Swirsky, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm’s New York office, authored the first article in a three-part Law360 Retail Series, titled “Reading Into NLRB’s Amended Union Election Rules.” (Read the full version – subscription required.)

Following is an excerpt:

Not surprisingly, while the sample size is somewhat limited, the experience of the past three-plus months shows that unions are winning a larger proportion of these elections than they were before the amended election rules took effect. Given these facts, it is not an overstatement to say that these new rules, which are commonly referred to by employers and others as “the ambush election rules,” represent the most significant changes to the NLRB procedures in representation cases in more than 50 years. When considered together with the NLRB's 2013 Specialty Healthcare decision, which allows unions to petition for elections in so-called micro-units, consisting of small groups, sometimes smaller than a single department in a retail operation, it is clear that a major increase in union organizing in retail workplaces is likely on the horizon, if not already underway.

See also Parts 2 and 3 of the Law360 Retail Series: “What Matters Most in EEOC’s Wellness Program Rules,” by August Emil Huelle, and “What to Watch for When Avoiding Retail Cyberattacks,” by Adam C. Solander and Brandon C. Ge.