National Labor Relations Board Decisions

Attorney Amy Royal was recently interviewed by Massachusetts Lawyers Weekly regarding the NLRB’s August 2, 2023 decision in Stericycle Inc. The decision set a new standard on the question of whether an employer’s work rule that does not expressly restrict employees’ protected concerted activity, as it pertains to their rights to unionize, under Section 7 of the NLRA is nevertheless unlawful under NLRA Section 8(a)(1).

2023 has been an interesting year as the NLRB appears to be setting a pattern of decision-making and new laws leaning heavily in favor of employee rights. Management-side attorneys should be prepared as more decisions come down the pipeline.

• On August 24, 2023, the NLRB finalized procedural changes that result in quicker union election processes.
• This is a restoration of the process that was adopted during the Obama administration, and which was eliminated in 2019. The new rule/process takes effect on December 26, 2023, and holds that elections must be held before any related litigation can be resolved.

• The very next day, on August 25, 2023, the NLRB issued a decision in the Cemex Construction Materials Pacific LLC matter. The decision essentially requires a company to bargain with a union without any formal election when the business has committed labor law violations.
• The NLRB found that employers may be ordered to bargain with unions, regardless of formal elections, unless they can prove a good faith doubt regarding whether there is a majority support for the union amongst the employees.

If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.