Few things are more painful for a company to go through than a
union election. One of those things is when the National Labor
Relations Board (NLRB) orders a "re-run" election due to
alleged misconduct by the employer (i.e., the company has
to go through the entire contentious, cumbersome, and costly
process again).
Various types of misconduct by companies can give rise to a
re-run election. One such category is "solicitation of
grievances," which occurs when, in the face of a union
organizing drive, an employer asks employees about
problems/concerns in the workplace and promises to (or implies that
it will) fix them. The board generally finds such conduct to be
unlawful when organizing activity is underway absent certain
circumstances, such as a clear past practice. On July 25, the NLRB
issued a decision in Mek Arden, LLC, 365 NLRB
No. 110 (2017), in which the agency found an employer unlawfully
solicited grievances during an organizing drive. As a result of
