Labor Related Articles
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.
The National Labor Relations Board (NLRB) announced yesterday (3/19/20) that they will be suspending all representation elections, including mail-in ballots, until April 3, 2020. This action has been taken to protect the health and safety of its employees and anyone else involved in the elections process during the current COVID-19 pandemic, and because several regional offices have been closed, jeopardizing the effectiveness of the elections.
The Board will continue monitoring the situation to determine if additional extensions will be needed.
Read more about the decision here.

The Service Employees International Union (SEIU) has unveiled a $150m anti-Trump campaign in an effort to hinder President Trump’s reelection. The Union, which has nearly 2m members, is aiming the campaign at 6 million voters who don’t usually vote in the battleground states of Colorado, Florida, Michigan, Minnesota, Nevada, Pennsylvania, Virginia, and Wisconsin. The campaign, aimed at people of color, will include direct contact and online advertising.
Read more about it here.
The National Labor Relations Board (NLRB) issued its final rule for Joint-Employer relations on February 26, 2020. The rule states that “a business must possess and exercise substantial direct and immediate control over one or more essential terms and conditions of employment of another employer’s employees.” It also further defines “substantial direct and immediate control” and clarifies that control on a sporadic or isolated basis would not qualify.
Read the full NLRB rule here.