Deadline!

On April 30 two important new NLRB rules become effective. First, all employers subject to NLRB jurisdiction will be required to have posted a notice advising employees of their rights under the National Labor Relations Act. Previous posts here. The poster can be downloaded for free here. Second, the Board will begin operating under a new set of rules for conducting representation elections. Employers would be well served to perform a current vulnerability assessment, including taking affirmative steps to be prepared to respond promptly to any union organizing activity in their workforce.

Why was it even close?

The Wobblies (International Workers of the World) lost a representation election in Minneapolis at a local fast food chain. The employer vigorously contested the election even hiring a well-known union avoidance consultant. The newsworthy question is why was this one close? The Wobblies have a history as a far left union, and recently have focused on organizing workers other unions have not targeted. The labor organization lost 87-85 with 2 challenged ballots. Even if the 2 challenged votes went its way, the union lost the election, because it could not establish its majority status. Nevertheless, it plans to object to the results claiming the employer engaged in unfair labor practices.

NUHW bests SEIU, employer

NUHW has again bested SEIU and the employer with an impressive representation election victory (393-122). Randy Shaw's BeyondChron article has the details. The SEIU blamed management intimidation for its withdrawal from a 3 way election. Not only did NUHW win a lopsided victory, it was able to point to the fact it overcame the very employer hostility SEIU ran away from.

What is a majority?

The Hill reports (scroll down on the link) on labor activity anticipated as President Obama's team takes charge of the government. One of the interesting changes discussed is a change in election procedures under the Railway Labor Act which governs labor relations for railroads and airlines. In representation elections eligible voters who do not vote are counted as votes against unionization. To win an election a union must get a majority of the eligible voters to affirmatively vote for it. This makes some sense because a union's majority status is  the basis for permitting it to become the representative of the entire bargaining unit including those who object to representation. The interesting thing is elections under the NLRA are determined by the majority of the actual votes cast. It is fair to say the latter method seems to be the one embraced in most political contests and private majority rule contexts. More here.

Labor wins majority in 2008

For each fiscal year the National Labor Relations Board issues an Annual Report full of statistical information about the cases handled by the Board. The latest report for FY 2008 (ending September 30, 2008) contains some interesting stuff. For example, unions won 56% of the secret ballot elections, or 60% depending on which elections make up the total.