Steven Swirsky Quoted in “NLRB General Counsel Wants to Make Unions Harder to Decertify”

Corporate Counsel

Steven M. Swirsky, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted by Corporate Counsel, in “NLRB General Counsel Wants to Make Unions Harder to Decertify,” by Rebekah Mintzer. (Read the full version – subscription required.)

Following is an excerpt:

Given the NLRB’s current pro-labor makeup, it’s entirely possible that the policies contained in the GC memo will get NLRB approval, says Steven Swirsky, a partner at Epstein Becker & Green who represents employers.

Swirsky says the framework laid out in Levitz has “worked well,” and forcing employers and employees to file petitions and hold elections in order to withdraw from the union will give unions the opportunity to obstruct the withdrawal process. “Almost every time I see a decertification petition, you know the union will file charges and make allegations,” Swirsky says. By lobbing unfair labor practice charges—so called “blocking charges”—at the employer, unions can continually delay the election process, forcing workers to stay in the union.