Today, in perhaps the most significant change in federal labor law in more than 50 years, the National Labor Relations Board (“NLRB” or “Board”) announced a new framework that determines when employers are required to recognize and bargain with a union upon demand, without a representation election. Continue Reading Unionization Upon Demand:NLRB Announces Most Significant Change to Labor Law in 50 Years
Kenneth F. Sparks is a Shareholder with over 25 years of experience in labor and employment matters.
He represents and advises private and public employers across a broad range of industries, with extensive experience working with health care organizations, in complicated labor law and litigation matters nationwide.
The National Labor Relations Board (“NLRB”) on Monday concluded that employers, absent special circumstances, can no longer enforce neutral uniform or company shirt policies in a manner that “in any way” prohibits employees from wearing union shirts, hats or other union clothing. In a split decision applying this rule, the NLRB found that the National Labor Relations Act was violated when an employer required employees to wear company t-shirts or all black clothing in its manufacturing facilities in a manner that prohibited them from wearing union shirts. Tesla, Inc., 371 NLRB No. 131 (Aug. 29, 2022).Continue Reading NLRB Rules Neutral Uniform Policy Improperly Restricts Pro-Union Attire