Labor Relations
2023 Recap
Controversial New Joint Employer Rule Creates Challenges The NLRB released its final joint employer rule in October which, effective February 26, makes it easier for workers to be considered employees of more than one entity for labor relations purposes – a move that will result in more opportunities for unions to organize not only the workforce but also those workers formerly understood to be independent contractors. Workplace Policies Take a Hit The NLRB’s August decision in Stericycle, Inc. dramatically affected employers across the country by changing the law again on employee handbooks. The ruling will lead many employers to once again modify their handbooks to ensure compliance with the latest NLRB mandates. While some employers already review their handbooks on a yearly basis, it may now be important to do so more frequently. Representation Process Overhauled to Boost Union Organizing The NLRB drastically changed how employers should respond to union recognition demands by imposing a bargaining order if the employer fails to file its own petition to preserve a secret ballot election. Further, potential misconduct during the critical period between demand and election that previously resulted in a re-run election may now result in a bargaining order regardless of the election results. The agency’s new “quickie election” rules, effective December 26, will cause employers to wrestle with these issues within a substantially compressed critical period. Employers Grapple with a Flurry of Additional Activity A flurry of additional NLRB activity is part of an ongoing effort by the current Labor Board to make it easier on unions and their ability to organize employees. But you should note that many of these concerns can be mitigated through a proactive and positive employee relations program that underscores the importance of policy audits and supervisory training.
Joshua Nadreau Partner Boston jnadreau@fisherphillips.com
Steve Bernstein Regional Managing Partner Tampa sbernstein@fisherphillips.com
Todd Lyon Partner
Portland/Los Angeles San Francisco/Seattle tlyon@fisherphillips.com
Made with FlippingBook - professional solution for displaying marketing and sales documents online