In 2019, the Teamsters Union declined in membership by 65,000 members, marking the largest decline in the union’s membership in 20 years. In addition, the United Food and Commercial Workers Union, the United Steelworkers Union, and the American Federation of Government Employees lost members, according to Bloomberg Law’s analysis of the annual LM-2 reports filed by unions with the U.S. Department of Labor.

Overall private-sector union membership for 2019 was also at 6.2%, an all-time low. Read more about it here.

In a move labeled a “stealth attack,” Democrats have slipped “neutrality language” into the COVID-19 relief bill which imposes a gag rule on mid-sized businesses.

The provision requires that employers with 500 to 10,000 employees can’t take a government loan under the Coronavirus Aid, Relief and Economic Security Act unless they commit to remain neutral when a union tries to organize their workers.  

“What does a company surrendering their First Amendment rights have to do with the health and economic safety of Americans?” asked F. Vincent Vernuccio, a senior fellow with the conservative Mackinac Center for Public Policy. The answer? “It doesn’t.”

Read more about the provision here.

On April 1, 2020, the National Labor Relations Board (NLRB) published three new amendments to its rules and regulations that govern the filing and processing of petitions for a Board-conducted representation election and proof of majority support in construction-industry collective-bargaining relationships.

Unfortunately, due to the national emergency caused by the coronavirus, the NLRB has decided to postpone the effective date for the amendments, pushing it back to July 31, 2020.

Read the official release here.

The National Labor Relations Board (NLRB) has decided to resume Board-conducted elections on Monday, April 6, 2020. The NLRB had previously issued the temporary suspension on March 19 due to concerns for the safety of Agency employees during the COVID-19 pandemic.

NLRB Chairman John F. Ring said, “Conducting representation elections is core to the NLRB’s mission, and ensuring elections are carried out safely and effectively is one of our primary responsibilities. Two weeks ago, when the Board made the difficult decision to suspend elections, the developing situation made it impossible to ensure the safety of our employees or the public. With many regional offices closed and most employees teleworking, the Board was not confident that any type of election could be run effectively. Based on these concerns, the Board determined that a two-week suspension would provide the General Counsel, who is delegated authority to supervise the regional offices, which conduct elections on the Board’s behalf, the opportunity to fully review the logistics of the election procedures in light of the unprecedented situation. The General Counsel now has advised that appropriate measures are available to permit elections to resume in a safe and effective manner, which will be determined by the Regional Directors. We appreciate the patience and understanding of all NLRB stakeholders during this challenging time.”

Read the full announcement here.

The National Labor Relations Board (NLRB) has finalized amendments to Part 103 of its Rules and Regulations, which will better protect employees’ free choice regarding representation. The amendments include blocking charge policy, voluntary recognition bar, and section 9(a) recognition in the construction industry.

The anticipated rule publication date in the Federal Registrar is April 1, 2020. Read more about it here.

The National Labor Relations Board (NLRB) has agreed to push back the effective date for its new rule to slow down the union election process. The rule will now begin on May 31, 2020, 45 days later than initially intended.

The Board made this decision after AFL-CIO challenged the rule in court, claiming “the board violated the Administrative Procedure Act by issuing the rule without giving the public any notice or a chance to provide input.”

The NLRB made the decision “pursuant to the court’s request” and relayed their intent to the D.C. federal judge overseeing the AFL-CIO challenge the same day it canceled all union elections through April 3 under concern for the COVID-19 pandemic.

Read more about the new rule and AFL-CIO’s challenge here.