HOW TO PRACTICE BEFORE THE NLRB WHEN AN ELECTION PETITION IS FILED BY A UNION AGAINST YOUR COMPANY.
- Today there were Seven RC election petitions filed against Employers at the NLRB throughout the US filed by different Unions. These unions probably obtained at least 50% of their employees to sign union cards. During the election, the company cannot threaten the employees, interrogate the employees, make any promises or spy the union.
- The reason why an election petition was filed against your company was probably the LACK OF TRUST at your company by your employees. The employees believed their company does not pay adequate wages and benefits, has no advancement for the employees, poor communication with management, the employees were not treated equitably and there was no job security for the employees.
- According to the rules and regulations at the NLRB, these companies might consider doing an election stipulation with the NLRB and have an election within 20 days.
- Employees have the right to vote for or against the Union either by a mail or manual secret ballot.
- As of now, the NLRB still holds a mail ballot for the employees due to covid. However, a manual vote still might be held at your company by the NLRB.
- Also, these companies have to do a NLRB payroll list and send it to the Union and the NLRB within 2 days once a stipulation has been approved by the Regional Director.
- During these 20 days, the Union and a Company can do an election campaign by holding employee meetings on a voluntary basis, showing videos or doing election handouts to determine if the employees want or do not want a union.
- If a company does meetings with their employees they have to be voluntary and there can be no discipline to the employees if they do not attend the meetings.
- At the end of the 20 days, the employees can send their ballot back to NLRB. However, the employees can decide on a voluntary basis they do NOT want to send their ballots back to NLRB.
- It is possible the NLRB will give the employees 45 days to return their mail ballot back to NLRB.
- At the end of the 45 days, the NLRB will hold a zoom election meeting with the companies to count the ballots to determine if the employees will vote for a union or against a union. In order to win the election, a union or the company must win by a majority of the vote or a tie by management.
- After the NLRB gives the results to the election, either a union or a company can file objections to an election within 7 days of the results of an election.
- Is it possible if a union wins an election, the company can proceed to negotiations to try to enter into a contract with the union without filling objections. However, a Union cannot force an employer into a contract that is not fair, just and equitable for an Employer
Fundamentals of Labor Law
Sanford Rudnick has written a book called Fundamentals of Labor Law which helps Employers practice at the NLRB. He has used this book for over 40 years.
Sanford Rudnick has gotten this book into many law schools around the country such as Harvard and USC Law School.
Also, Sanford Rudnick has gotten other books on Resolution of Conflict into the Library of Congress and many other libraries around the world.
The major problem in any election or an unfair labor practice charge, is how to resolve conflict between management and your employees. In fact, according to the NLRB there is an 16% increase in unfair labor practices charges being filed by employees or unions in 2023.
Sanford Rudnick uses these principles in these books to win elections and to resolve charge at the NLRB. Call H. Sanford
Rudnick & Associates to purchase these books at
1-800-326-3046.
IF YOU NEED ASSISTANCE IN CONDUCTING AN ELECTION MEETING, PLEASE CALL:
H. Sanford Rudnick JD: 1 800-326-3046
H. Sanford Rudnick & Associates is a full-service Labor Relations firm with 40 years of experience in negotiating union contracts, NLRB matters and all human resource matters. In fact, Mr. Rudnick has written a book called "Fundamentals of Labor Law Regarding Unions" which includes a summary on the National Labor Relations Board and Unions which is at Harvard Law School Library and other law schools around the country. Call to purchase your copy at for $29.95 800.326.3046.
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H. Sanford Rudnick, J.D.
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In the U.S., employers can generally require employees to get vaccinated against COVID-19, but there are important exceptions and limitations: 1. Medical and Religious Exemptions – Under the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act, employees may request exemptions for medical reasons or sincerely held religious beliefs. Employers must provide reasonable accommodations unless it creates an undue hardship. 2. State and Local Laws – Some states have passed laws that limit or prohibit employer vaccine mandates, especially for private employers. 3. Union and Employment Contracts – If an employee is covered by a union agreement or employment contract, the terms of that agreement may impact whether a vaccine mandate is enforceable. 4. At-Will Employment – In most states, employment is "at-will," meaning an employer can terminate employees who refuse a vaccine (except where exemptions apply). 5. Industry-Specific Rules – Healthcare facilities and government contractors may have different rules due to federal regulations. 6.If an Employer has any issues with requiring employees to get covid tests or any other labor relations issue at the NLRB, please contact Sanford Rudnick JD At 1-800-323046, sandy@rudnickpro.com or www.Theunionexpert.com
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March 24, 2025 1. As you know every week, H. Sanford Rudnick & Associates tells Employers what the NLRB had ruled with my firms current cases. 2. This week I wanted to explain when a Whistleblower/employee files a complaint at the NLRB. 3. A Whistleblower is someone who reports illegal, unethical, or improper activities within an organization. This could include fraud, corruption, safety violations, or other misconduct. Whistleblowers can be employees, contractors, or even outsiders who have knowledge of wrongdoing. 4. Depending on the situation, whistleblowers may report to authorities such as government agencies, regulators, or the media. In many countries, there are laws that protect whistleblowers from retaliation, such as being fired or harassed for speaking out. 5. A whistleblower who was terminated for reporting labor law violations to the National Labor Relations Board (NLRB) may be entitled to remedies under the National Labor Relations Act (NLRA) . The NLRB protects employees from retaliation for engaging in protected concerted activity , including whistleblowing on unfair labor practices. 6. Potential Remedies for a Wrongfully Terminated Whistleblower: Reinstatement – The employee may be reinstated to their former position if the NLRB determines the termination was unlawful. Back Pay – Compensation for lost wages and benefits due to wrongful termination. Front Pay – If reinstatement isn’t feasible, the employee may receive compensation for future lost earnings. Expungement of Disciplinary Records – Any references to the wrongful termination may be removed from the employee's record. Cease and Desist Orders – The employer may be ordered to stop retaliatory practices. Notice Posting – The employer might be required to post a notice informing employees of their rights and the violation committed. Other Make-Whole Relief – This could include damages for harm suffered due to the retaliation. 8. If an Employer has any problems with a Whistleblower /employee in general or any other labor relations issue, please contact Sanford Rudnick JD At 1-800-326-3046, sandy@rudnickpro.com or www.Theunionexpert.com
March 10, 2025 Hood River Distillers v. NLRB (DC Cir 03/07/2025) http://case.lawmemo.com/dc/hood.pdf 1.The Court of Appeals enforced an NLRB order that held that the employer had unilaterally changed employment terms even though there was no impasse in negotiations. 2.During lengthy negotiations, the employer several times said they were at impasse, yet bargaining continued. 3.In the end, the employer recognized that the parties had made headway and said it had more room to give. Thus, the employer was not at impasse to implement the new terms and conditions. 4.If you need assistance in negotiations when you can implement your final proposal and you are at impasse, please contact H. Sanford Rudnick & Associates at 1-800-326-3046
LIFE VISION CONFLICT RESOLUTION
February 25, 2025 How to Resolve an Employer’s Unfunded Pension Liability (UPL) 1 If an Employer has a union contract and either sells, goes out of business, or retires, it might have an unexpected unfunded pension liability (UPL) if they have a union defined benefit pension plan. 2. An Employer should write a letter to the Union pension plan a least one year in advance to determine if they have an UPL before they discontinue their Business. 3. If the Employer does have an UPL to the Pension Trust, it is best to resolve the UPL with a written settlement. There are many circumstances where an Employer MAY not have to pay his UPL. 4. The pension trust and Employer can enter into a settlement to reduce their UPL where the Employer can remit a lump sum payment to the Trust Fund for a reduced amount. 5. If the Employer cannot enter into a settlement to resolve their UPL then the parties can enter into a 20 Year Agreement to pay off their UPL. 6. If your company needs assistance in reducing your unfunded pension liability with your union, please contact H. Sanford Rudnick & Associates at 1-800-326-3046
February 18, 2025 When an employer decides to cease operations shortly after a union election petition is filed, the National Labor Relations Board (NLRB) scrutinizes the employer's motives to determine if the action was intended to interfere with employees' organizing rights. The employer bears the burden of providing substantial and credible evidence that the decision to cease operations was based on legitimate business reasons unrelated to union activities. Required Evidence A. To meet this burden, the employer must present concrete evidence, which may include: Documented Financial Records : Demonstrating economic hardships, declining sales, or other financial metrics that necessitate cessation of operations. Strategic Business Plans : Showing that the decision aligns with long-term business strategies, such as restructuring or focusing on other markets, formulated prior to any union activity. Communications and Timelines : Providing records of internal communications and decision-making timelines that corroborate the employer's rationale for ceasing operations, established independently of the union election petition. Evidence of Imminent Cessation : The employer must demonstrate that plans to cease operations were imminent and not a reaction to the union election petition. This includes announcements of business closure to the public and employees, termination notices, or other definitive actions indicating a predetermined decision to cease operations. B. If your company needs assistance trying to get a union petition dismissed 30 days after the election petition is filed since you are going out of business, please contact H. Sanford Rudnick & Associates at 1-800-326-3046
February 10, 2025 How to Resolve an Employer’s Unfunded Pension Liability (UPL) 1 If an Employer has a union contract and either sells, goes out of business, or retires, it might have an unexpected unfunded pension liability (UPL) if they have a union defined benefit pension plan. 2. An Employer should write a letter to the Union pension plan a least one year in advance to determine if they have an UPL before they discontinue their Business. 3. If the Employer does have an UPL to the Pension Trust, it is best to resolve the UPL with a written settlement. There are many circumstances where an Employer MAY not have to pay his UPL. 4. The pension trust and Employer can enter into a settlement to reduce their UPL where the Employer can remit a lump sum payment to the Trust Fund for a reduced amount. 5. If the Employer cannot enter into a settlement to resolve their UPL then the parties can enter into a 20 Year Agreement to pay off their UPL. 6. If your company needs assistance in reducing your unfunded pension liability with your union, please contact H. Sanford Rudnick & Associates at 1-800-326-3046 Learn More
February 3, 2025 1. According to the National Labor Relations Board (NLRB), a union generally does NOT have a specific, mandatory notice period they must give to a private employer before going on strike, with the exception of healthcare institutions where at least10 days' written notice is required under Section 8(g) of the NLRA; meaning most private sector unions can strike without giving prior notice to the Employer. 2. However, if there is a strike between a union and an Employer, an Employer must prepare for the strike so the Employer can keep operating. 3. H. Sanford Rudnick & Associates has a checklist of 30 Steps an Employer must take to be prepared for a strike. 4. If your company needs assistance in negotiations or a strike with your union, please contact H. Sanford Rudnick & Associates at 1-800-326-3046
January 27, 2025 1. With the recent changes in NLRB Board law that restricts Employers from having unrestricted meetings or contact with your employees, using a union Video and a Website might be helpful in educating your employee about your Union in an election campaign. Attached is a video about the IBEW Union. 2. Click here for the PREVIEW VERSION of “The Real Story of the IBEW UNION (Illustration Version) Video” 2023 Attached is a preview video that Employers might use to educate your employees and Supervisors about the IBEW or any union with modifications to fit your current union concerning a union election. You can use the preview video to show your Employees or Supervisors about whether they should vote Yes for a Union or No against the Union. 3. Also, if an Employer has too many employees to hold meetings you can use a website to educate your employees about your union. You can see an example of a website my firm did against the Communications Workers of America at www.cwaelections.com 4. Ultimately, the decision to educate your employees about a union with a video or a website depends on the employer’s evaluation of their needs and priorities. It is critical for employers to review all available information and the types of campaigning you might want to use. 5. If your company needs assistance in an NLRB election with educating your employees with a custom video or a website, please contact H. Sanford Rudnick & Associates at 1-800-326-3046.