Lorien Schoenstedt on Labor Relations

Clear the Calendar: NLRB Restricts Captive Audience Meetings

In a landmark decision, the National Labor Relations Board has significantly altered the landscape of employer free speech rights by restricting the use of mandatory “captive audience” meetings. 373 NLRB No. 136 (Nov. 13,...more

11/18/2024 / Labor Relations , NLRA , NLRB , Safe Harbors , Section 7 , Union Elections , Unions , Voluntary Participation , Wage and Hour

NLRB Overrules Standard on Employer Predictions for How Unionizing Impacts Employer-Employee Relationship

The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more

11/14/2024 / Employer Liability Issues , Labor Relations , NLRA , NLRB , NLRB General Counsel , Third-Party , Unfair Labor Practices , Union Organizers , Unions

Labor Board Returns to Pre-Trump Board Union Election Procedures

The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and...more

7/31/2024 / Chevron Deference , Labor Relations , NLRA , NLRB , Trump Administration , Unfair Labor Practices , Union Elections , Union Representatives , Unions

Labor Board: Employee Protected Concerted Activity Determined by Totality of the Circumstances

The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more

9/6/2023 / Coronavirus/COVID-19 , Labor Disputes , Labor Relations , NLRA , NLRB , Protected Concerted Activity , Section 7 , Totality of Circumstances Test , Unfair Labor Practices , Unions

Labor Board Expands an Employer’s Duty to Bargain During Contract Negotiations

Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and...more

9/6/2023 / Collective Bargaining , Employer Liability Issues , Labor Regulations , Labor Relations , NLRA , NLRB , NLRB General Counsel , Unfair Labor Practices , Union Elections , Unions

Labor Board Issues New Election Rules and Makes It Easier for Workers to Unionize Without a Vote

The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures...more

8/28/2023 / Collective Bargaining , Employer Liability Issues , Labor Relations , NLRA , NLRB , Regulatory Agenda , Union Elections , Union Organizers , Unions

Labor Trends in Warehousing and Distribution Industry to Watch

The warehousing and distribution industry has one of the highest overall union membership rates in the United States. Now, employers in the industry are also navigating high turnover rates and mass labor shortages as they...more

3/31/2023 / Bureau of Labor Statistics , Distribution Centers , Employee Engagement , Labor Relations , Unions , Wage and Hour , Warehouses

Lorien Schoenstedt

Jackson Lewis P.C.

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