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NLRB Allows Use of Corporate Email Systems for Union Organizing

The National Labor Relations Board (NLRB) issued a 3-2 split decision along party lines Dec. 11, stating that employees are permitted, except in very limited circumstances, to use corporate email systems during non-work time for union organizing (Section 7 activities). The Board’s decision overturns the 2007 decision in Register Guard. 
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NLRB Moves Forward With Controversial Ambush Elections Rule

On Dec. 12, the National Labor Relations Board (NLRB) issued its long-awaited final rule that overhauls the procedures for union representation elections. Under this controversial rule, the amount of time between when a union files a representation petition and an election takes place likely will dramatically be reduced from the current average of 38 days. The changes are currently scheduled to take effect on April 14, 2015, unless a court or Congress blocks enforcement of the new rule.
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Persuader, Ambush Election Rules Still Priorities on Obama’s Latest Agenda

According to its latest regulatory agenda released May 23, the U.S. Department of Labor (DOL) plans to finalize its controversial “persuader” final rule by December 2014, which severely narrows long-standing reporting exemptions for employers and third-party experts, and redefines labor relations “advice.”  
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ABC and Business Community Raise New Concerns with DOL’s Persuader Rule

In a letter to Labor Secretary Thomas Perez, ABC Feb. 19 strongly criticized the U.S. Department of Labor’s (DOL) “persuader” reporting rule that would change the long-standing interpretation of “advice” under federal labor law. ABC, along with 53 other employer organizations, reiterated its strong opposition to proposal, while highlighting additional concerns.
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NLRB Again Seeks to Shorten Union Election Timeframes

As expected, the National Labor Relations Board (NLRB) Feb. 5 reissued a proposed rulemaking that will reduce the amount of time between when a union files a representation petition and an election takes place from the current average of 38 days to as few as 10. 
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NLRB Formally Withdraws Ambush Elections Rule, Reissuance Expected

The National Labor Relations Board Jan. 22 formally withdrew its modified ambush elections rule, which would have reduced the amount of time between when a union files a representation petition and an election takes place to as few as 17 days. 
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NLRB Drops Appeal of Ambush Elections Rule, Reissuance Expected

The National Labor Relations Board (NLRB) Dec. 9 agreed to dismiss its appeal of a court ruling invalidating its controversial “ambush” election rule, which would have drastically reduced the amount of time between when a union files a representation petition and an election takes place.
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DOL and NLRB to Focus on Persuader and Ambush Election Rules in 2014

In its regulatory agenda released Nov. 27, the Department of Labor (DOL) listed a date of March 2014 to release its “persuader” final rule , which severely narrows long-standing reporting exemptions for employers and labor relations experts and redefines “advice.”  
If the rule is finalized, it will greatly expand the circumstances in which third party advice, which employers use to educate their employees about collective bargaining, would have to be reported by both the employer and the third party. Third parties include attorneys and association staff. As the proposal is currently written, the disclosure requirements also include money paid for these services. 
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Despite Opposition, Senate Confirms Controversial NLRB General Counsel Nominee

In a 55-44 vote, the U.S. Senate Oct. 29 confirmed Richard Griffin to serve a four-year term as the National Labor Relations Board’s general counsel, despite opposition from Senate Republicans and the ABC-led Coalition for a Democratic Workplace (CDW). 
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ABC Slams DOL ‘Persuader’ and NLRB ‘Ambush’ Proposals in Response to House Hearing

ABC Sept. 19 sharply criticized pending regulatory proposals from the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) in response to a hearing held by the U.S. House of Representatives Committee on Education and the Workforce Subcommittee on Health, Employment, Labor and Pensions. The hearing, titled, “The Future of Union Organizing,” and ABC’s letter highlighted the Obama administration’s efforts to eliminate employer involvement in the union representation process.
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