Richard F. VitarelliBlog Posts

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  • Private Sector Union Membership Rate Declines in 2022

    The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private sector union membership peaked in the mid-1950s. While organizing activity increased in 2022 (including workers at high-profile... Continue Reading
    January 19, 2023
  • NLRB Decision Grants Easier Property Access for Off-Duty Contract Workers

    In a 3-2 decision, the National Labor Relations Board has reinstated its prior standard providing a more expansive right of off-duty contractor employees to access publicly accessible areas of the primary employer’s workplace for the purpose of engaging in organizing activity. Part of a wave of decisions overturning Trump-era precedent (e.g., Labor Board Returns to... Continue Reading
    December 17, 2022
  • NLRB General Counsel Memo on Electronic Monitoring of Employees

    Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace. The memo also directs NLRB Regions to submit to the Division of Advice any cases involving intrusive or abusive electronic surveillance and algorithmic management that interferes...
    November 2, 2022
  • NLRB General Counsel Memo on Electronic Monitoring of Employees

    Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace. The memo also directs NLRB Regions to submit to the Division of Advice any cases involving intrusive or abusive electronic surveillance and algorithmic management... Continue Reading
    November 1, 2022
  • Top Five Labor Law Developments for September 2022

    The National Labor Relations Board has proposed reversing the current joint-employer standard, which took effect on April 27, 2020. The new rule would revert to the Obama-era standard for determining joint-employer status under the National Labor Relations Act. Under the proposed rule, entities may be deemed joint employers if they “share or codetermine those matters governing... Continue Reading
    October 10, 2022
  • NLRB Reminds Employers Importance of Applying Consistent Discipline Policies in Workplace

    Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act by wrongfully terminating a union employee for calling the owner a derogatory term during negotiations. Cadillac of Naperville, Inc., 371 NLRB... Continue Reading
    October 4, 2022
  • Labor Day 2022 Shows Union Activity at Highest Level in Decades

    Labor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings have increased by 58% in the first nine months of 2022, compared with the same time period in 2021, according to a Board... Continue Reading
    September 15, 2022
  • Top Five Labor Law Developments for August 2022

    1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher than unionized employers for the 12-month period ending June 2022. Overall, total wage and benefit costs for private-industry firms increased 5.5%, but non-unionized... Continue Reading
    September 9, 2022
  • NLRB Rules Employers Cannot Restrict Employees’ Right to Display Union Insignia

    On August 29, 2022, the National Labor Relations Board (NLRB) issued a decision finding that absent special circumstances, employers may not enforce dress codes or uniform policies that interfere with employees’ right to display union insignia. 371 NLRB No. 131 (Aug. 29, 2022). The NLRB’s decision is a return to a more restrictive precedent for... Continue Reading
    September 8, 2022
  • Top Five Labor Law Developments for July 2022

    The National Labor Relations Board clarified its rerun election procedures in cases of uncontested election misconduct. Dynamic Concepts, 371 NLRB No. 117 (July 22, 2022). After losing an election to represent the employer’s workers, the union filed objections alleging unlawful employer election conduct. The employer agreed to a rerun election, but the parties could not agree on... Continue Reading
    September 1, 2022

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