American Society of Employers

EverythingPeople This Week!

U.S. Department of Labor Publishes Report on Conditions for Worker Union Organizing

21 June 2022

U.S. Department of Labor Publishes Report on Conditions for Worker Union Organizing

Author: Michael Burns

As ASE has previously reported, worker union organizing is getting a lot of attention across the country. A recent study by the Worker Empowerment Research Network (WERN) that is collaborating with the U.S. Department of Labor (USDOL), highlights what union conditions are usually present in the workplace for conditions to be right for organizing. This information also provides employers valuable insight into how they can avoid allowing those conditions to develop in their workplace.
NLRB Continues to Review and Challenge Employer Policies

14 June 2022

NLRB Continues to Review and Challenge Employer Policies

Author: Michael Burns

The Biden Administration’s pro-labor policies are being heavily pushed by the agency responsible for overseeing employee and employer labor rights, the National Labor Relations Board (NLRB). The NLRB is governed by the law that it is charged with interpreting and administering. This is of course the National Labor Relations Act (NLRA).

NLRB Rehire Rulings Based Upon Labor Law Pushes Paradox with EEOC Anti-Discrimination Law

24 May 2022

NLRB Rehire Rulings Based Upon Labor Law Pushes Paradox with EEOC Anti-Discrimination Law

Author: Michael Burns

A fascinating conflict between the National Labor Relations Act labor rights interpretation and the Civil Rights Act’s Title VII anti-discrimination protections is growing. Some federal lawmakers are criticizing the National Labor Relations Board for its recent decision that undermined Amazon, the large online retailer, by forcing them to reinstate a worker that was fired because of his crude, sexist, degrading statements made to a female coworker during the organizing campaign.

NLRB Seeks to Remove Employer Option of Elections to Unionize

3 May 2022

NLRB Seeks to Remove Employer Option of Elections to Unionize

Author: Michael Burns

The National Labor Relations Board (NLRB) is working to take out the impediment of organizing elections to further its pro-labor agenda. Holding a secret ballot election is a fundamental step under the National Labor Relations Act in determining whether workers want a union or not.

NLRB Says: Anti-Employer Speech – No Problem; Union-Free Speech – Big Problem

12 April 2022

NLRB Says: Anti-Employer Speech – No Problem; Union-Free Speech – Big Problem

Author: Michael Burns

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo, a former Special Counsel for the Communications Workers of America union and now the NLRB’s top prosecutor, issued a memo (Memorandum 22-4) to its District Offices last week intended to make it illegal for employers to hold meetings or even meet one-on-one with their employees to discuss union versus union-free in their own workplaces.

Biden’s State of the Union Address Points Out Several Employment Legislative Initiatives

8 March 2022

Biden’s State of the Union Address Points Out Several Employment Legislative Initiatives

Author: Michael Burns

In last week’s State of the Union address by President Biden, in addition to his opening focus on the Russian invasion he pointed out four legislative initiatives that he would like to see moved along in the coming months – probably before the mid-term elections if he had his way.

NLRB Continues its Assault Against Employer Policies/Rules

1 March 2022

NLRB Continues its Assault Against Employer Policies/Rules

Author: Michael Burns

The National Labor Relations Act protects workers' rights to engage in activities intended to allow them to organize into a union. Therefore, most communications intended by workers to support labor organizing are considered protected concerted activity.

President’s Report Recommends Extensive Pro Union Changes to Labor Regulation and Government Practices

15 February 2022

President’s Report Recommends Extensive Pro Union Changes to Labor Regulation and Government Practices

Author: Michael Burns

Biden’s pro-labor agenda continues to roll. In its next step to promote union membership growth, the Biden Administration issued its report outlining necessary legal and regulatory actions to promote union organizing. This report contains 70 recommendations that may be implemented to facilitate the growth of union membership across the U.S.

Biden Orders No Non-union Companies on Federal Government Construction Projects

8 February 2022

Biden Orders No Non-union Companies on Federal Government Construction Projects

Author: Michael Burns

Last weekend President Biden announced a new Executive Order barring non-union construction firms and workers from federal construction projects over $35,000,000. This is just the latest pro union move for the self-proclaimed “most pro-union President in U.S. history.”

National Union Membership Continues its Decline

1 February 2022

National Union Membership Continues its Decline

Author: Michael Burns

In case you missed it, last week the Bureau of Labor Statistics released its union membership data for 2021. Union membership declined by 241,000 to 14,000,000 union members. Total U.S. union membership as a percentage of the workforce declined from 10.8% to 10.3%.

National Labor Relations Board to Challenge Employer Work Rules Standard

11 January 2022

National Labor Relations Board to Challenge Employer Work Rules Standard

Author: Michael Burns

Since 2017 the National Labor Relations Board (NLRB) has reviewed employer work rules (union and non-union) under its standard adopted in the Boeing Company case and a subsequent case with additional revisions adopted in its LA Specialty Produce Co. case in 2019.
Build Back Better Bill Contains Penalties for Union-Free Communications or Actions

14 December 2021

Build Back Better Bill Contains Penalties for Union-Free Communications or Actions

Author: Michael Burns

Two major facts are coming out from the Biden Administration’s massive Build Back Better legislation. It is so big it is hard to understand everything it addresses. It is also so big it contains some very pro-labor provisions intended to gag employers’ union-free communications. 
Watch Out Nonunion Employers:  NLRB is Again Out to Get You

21 September 2021

Watch Out Nonunion Employers: NLRB is Again Out to Get You

Author: Anthony Kaylin

After four years under a republican administration, the National Labor Relations Board (NLRB) is now shifting back to the priorities of the Obama Administration.  Unionization is favored, and the NLRB will be pushing the envelope to expand the traditional boundaries of the NLRB.  NLRB General Counsel, Jennifer A. Abruzzo, has issued her first memo—Mandatory Submissions to Advice Memorandum (GC 21-04), which lays out a clear agenda as to the priorities of the Office...
Labor Day 2021 – The State of Unionization in the U.S.

31 August 2021

Labor Day 2021 – The State of Unionization in the U.S.

Author: Michael Burns

In 1894 Labor Day was formally established as a national American holiday to celebrate workers. Labor Day also marks the unofficial close of summer and the start of school.

SCOTUS Strikes Down California Regulation Allowing Union Representatives Access to Private Property

29 June 2021

SCOTUS Strikes Down California Regulation Allowing Union Representatives Access to Private Property

Author: Michael Burns

Last week the U.S. Supreme Court (SCOTUS) held that a California regulation that required employers to allow union organizers onto private property was an illegal taking. The California regulation allowed union organizers to enter and stay on private property for up to three hours a day and for up to 120 days per year. Cedar Point Nursery v. Hassid No.20-107 594 U.S ____ (2021). SCOTUS found that this amounted to a government taking of physical property and was illegal under the Fifth and...
RSS

Filter:

Filter by Authors

Position your organization to THRIVE.

Become a Member Today