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ARTICLE · 08 SEPTEMBER 2023

NLRB Reiterates Its Commitment To Creating Employee-Friendly Policies

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

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An ideologically recalibrated (and motivated) National Labor Relations Board (NLRB) has yet again modified several Trump-era rules regarding representation...

United StatesEmployment and HR
Mark Konkel
Mark Konkel

An ideologically recalibrated (and motivated) National Labor Relations Board (NLRB) has yet again modified several Trump-era rules regarding representation case procedures and expanded the scope of protected concerted activity and protections for non-employees. In recent moves, the NLRB simplified the representation process by quickening each step required for employees seeking to unionize, and expanded the scope of protected concerted activities. Through issuance of the Final Rule and two recent rulings, the NLRB has again reinforced the Biden administration's pro-labor commitments.

Representation Process

On August 25, 2023, the NLRB issued a Final Rule expediting the representation process, which takes effect on December 26, 2023. Typically, the representation process commences with representation petitions filed by employees, unions, or employers seeking an election. The election determines whether employees wish to be represented for purposes of collective

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