As reported on the Hunton Employment & Labor Perspectives blog, the NLRB’s Office of the General Counsel (“the General Counsel”) recently issued an internal directive regarding the manner in which NLRB Regions prosecute duty of fair representation charges against unions. Under the National Labor Relations Act, unions have a duty of fair representation to the members of the bargaining unit it represents by engaging in conduct that is not arbitrary, discriminatory or in bad faith, particularly with regard to the processing of worker grievances.
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Many in the labor community are familiar with the Machinists Union’s long running effort to unionize Boeing’s South Carolina-based 787 Dreamliner manufacturing facility. After failing in two previous attempts to organize the entire facility, the Union recently won a bid to organize a “micro-unit” limited to a group of flight line technicians and inspectors.
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While proactive retail employers are responding to, and preparing for, union organizing efforts at their retail stores, many supply chain workforces remain vulnerable to targeted union campaigns. Join us for a complimentary webinar on Tuesday, March 7, 2017, as we address the special circumstances and vulnerabilities of workforces at warehouses, distribution centers, transport and other supply chain operations.
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As reported on the Hunton Employment and Labor Law Blog, the implementation of the NLRB’s ambush election rules in April 2015 has considerably shortened the average time between the date of a petition being filed by a union and the date of election. This change substantially impacts the employer’s ability to conduct an effective campaign in the event of a union petition.

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