BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, November 13, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide employment and labor practitioners through the NLRB's new "Fair Choice-Employee Voice" final rule, including changes from the 2020 rule, and address the impact on employers. The panel will discuss the new rule in the context of other recent notable NLRB rules and opinions, such as the 2023 Election Rule and the Cemex decision, and will offer best practices for compliance.

Faculty

Patrick Scully
Partner
Foley Hoag LLP

Mr. Scully primarily focuses on labor law issues and helps clients successfully navigate complex and persistent claims from international and local labor unions. His work includes unfair labor practice charges and representation cases as well as federal and state court litigation. Mr. Scully frequently advises employers in collective bargaining negotiations and handles labor arbitration. He also advises employers facing union organizing drives, strikes, picketing, and corporate campaigns. A former NLRB lawyer, union attorney, and corporate general counsel, Mr. Scully possesses insight and a well-rounded perspective that few can match and that provide his clients a distinct advantage. He is a sought-after commentator on labor law issues and developments and has frequently testified as well as advised governments on state and local legislation concerning labor law.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Ahmad Chehab
Senior Attorney
Miller, Canfield, Paddock And Stone Plc

Mr. Chehab focuses his practice on labor and employment law, including advising and representing employers in collective bargaining and labor arbitrations. He also has experience directing and conducting investigations of employee misconduct and developing and coordinating staff training programs. Mr. Chehab has handled litigation matters in state and federal courts, as well as in various administrative agencies including the U.S. Equal Employment Opportunity Commission; the Michigan Department of Civil Rights; the U.S. Department of Labor, Wage and Hour Division; and the Michigan Unemployment Compensation Agency. He is a frequent author and lecturer on employment and labor law issues.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

The NLRB's new "Fair Choice-Employee Voice" final rule, effective Sept. 30, 2024, rescinds the Board's 2020 Election Protection Rule (2020 Rule) and reinstitutes three key policies: the blocking charge policy, voluntary recognition of a union, and construction union parity with other unions. The final rule is the latest in a line of recent NLRB activity, such as the 2023 Election Rule and the Cemex decision, making union organizing easier and compliance more difficult for employers.

The new rule reinstates the controversial "blocking charge" policy that permits certain ULP charges to block a Board-scheduled election. Under the new rule, based on the ULP, NLRB regional offices will halt the election while the ULP is being investigated, often delaying the election for months or years until the ULP is resolved.

The new rule also reinstitutes the voluntary recognition bar whereby an employer's voluntary recognition of a union immediately bars any filing of an election petition for a "reasonable period of time," at least six months, to allow for collective bargaining.

Finally, the new rule allows construction unions to gain voluntary recognition as the bargaining representative under Section 9(a), a major change for construction employers accustomed to recognition under Section 8(f) in which the union's representative status does not survive a contract's expiration. The new rule will protect the union's long-term representative status.

Listen as our expert panel guides practitioners through the NLRB's new rule and addresses the changes made from the 2020 Rule. The panel will discuss the new rule in the context of other recent notable NLRB opinions and/or rules and the impact on employers and offer best practices for compliance.

Outline

  1. Introduction: history of the final rule
  2. The final rule
    1. Blocking charge policy
    2. Voluntary recognition bar
    3. Recognition of unions in the construction industry
    4. Differences from the 2020 Election Protection Rule
  3. Employer impact
    1. In the context of recent NLRB rulemaking and opinions including the 2023 Election Rule and Cemex
  4. Possible challenges and Loper Bright impact on rule
  5. Best practices for compliance
  6. Practitioner takeaways

Benefits

The panel will review these and other key issues:

  • How does the new rule differ from the 2020 rule?
  • How will the blocking charge policy and the voluntary recognition bar impact employers?
  • How does the new rule attempt to create parity for construction unions as compared to other non-construction unions?