Steven Swirsky Quoted in “NLRB May Raise Bar for Employers to Oust Unions”

HRE Daily

Steven M. Swirsky, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in HRE Daily, in “NLRB May Raise Bar for Employers to Oust Unions,” by Jack Robinson.

Following is an excerpt:

As long as three of the five board members are Obama appointees, “I think there is probably a good chance … the board would be receptive to the general counsel’s argument here,” said labor attorney Steven M. Swirsky, a member of the firm at Epstein Becker & Green in New York.

The current practice was set by the board 15 years ago in a case involving Levitz Furniture Co. Now Griffin is instructing regional offices to disregard that standard and issue unfair-labor-practice complaints in future cases where employers unilaterally withdraw recognition and unions file charges, Swirsky says. That would eventually bring his argument for raising the standard in front of the board for a ruling.

See also Mr. Swirsky's Management Memo post "NLRB Looks to Make It Harder for Employees to Decertify Unions."