NLRB New Fair Choice-Employee Voice Final Rule: Blocking Charge, Voluntary Recognition Bar, Construction Union Parity
Employer Impact and Compliance Challenges
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- Introduction: history of the final rule
- The final rule
- Blocking charge policy
- Voluntary recognition bar
- Recognition of unions in the construction industry
- Differences from the 2020 Election Protection Rule
- Employer impact
- In the context of recent NLRB rulemaking and opinions including the 2023 Election Rule and Cemex
- Possible challenges and Loper Bright impact on rule
- Best practices for compliance
- 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?
Faculty
Ahmad Chehab
Senior Attorney
Miller, Canfield, Paddock and Stone
Mr. Chehab focuses his practice on labor and employment law, including advising and representing employers in... | Read More
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.
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Patrick Scully
Partner
Foley Hoag
Mr. Scully primarily focuses on labor law issues and helps clients successfully navigate complex and persistent... | Read More
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.
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