Unions

This practice note deals with the ban on blacklisting trade union members for employment purposes under the Employment Relations Act 1999 (Blacklists) Regulations 2010, and related issues.

This Practice Note outlines special obligations for private sector employers that discipline and discharge employees in a unionized workplace. These obligations flow from the National Labor Relations Act (NLRA) as enforced by the National Labor Relations Board (NLRB), and collective bargaining under the NLRA. Labor law in the private sector is primarily governed by federal law, including the NLRA and the Railway Labor Act (RLA), and this resource only covers the NLRA. This Note includes references to NLRB precedent issued after January 4, 2012 by recess appointees to the NLRB. In Noel Canning v. NLRB, the US Court of Appeals for the District of Columbia Circuit held that the recess appointments to the NLRB were invalid, calling into question whether any of the NLRB's decisions since January 4, 2012 are enforceable. Despite the DC Circuit's holding, the NLRB continues to issue decisions by the recess appointees, seek enforcement of those decisions and rely on the recess appointees' decisions as governing law (see Legal Update, DC Circuit Rules NLRB Recess Appointments Were Unconstitutional; Enforceability of All Recess Appointees' Decisions in Doubt). PLC Labor & Employment will continue to monitor developments and update this resource to reflect applicable law.

A Note describing employee rights and prohibited unfair labor practices under the National Labor Relations Act. Labor law is primarily governed by federal law, and this resource only covers federal law.

A note setting out the process for obtaining an injunction to prevent unlawful industrial action by a trade union and its members, and the principles on which the court will decide whether to grant it. For information on when industrial action is lawful, see Practice note, Industrial action: is it lawful?

This Note outlines special obligations for private sector employers that conduct investigative interviews of employees in a unionized workplace. These obligations flow from the National Labor Relations Act (NLRA) as enforced by the National Labor Relations Board (NLRB). Labor law in the private sector is primarily governed by federal law, including the NLRA and the Railway Labor Act (RLA), and this resource only covers the NLRA. This Note includes references to NLRB precedent issued after January 4, 2012 by recess appointees to the NLRB. In Noel Canning v. NLRB, the US Court of Appeals for the District of Columbia Circuit held that the recess appointments to the NLRB were invalid, calling into question whether any of the NLRB's decisions since January 4, 2012 are enforceable. Despite the DC Circuit's holding, the NLRB continues to issue decisions by the recess appointees, seek enforcement of those decisions and rely on the recess appointees' decisions as governing law (see Legal Update, DC Circuit Rules NLRB Recess Appointments Were Unconstitutional; Enforceability of All Recess Appointees' Decisions in Doubt). PLC Labor & Employment will continue to monitor developments and update this resource to reflect applicable law.

This note discusses major provisions of the Norris-LaGuardia Act (NLA), Labor Management Relations Act (LMRA) and Labor Management Reporting and Disclosure Act (LMRDA), which impose obligations and grant rights to employers beyond those regulated by the National Labor Relations Act (NLRA) and the Railway Labor Act (RLA). This Note covers labor injunctions, private rights of action, and reporting and disclosure requirements for private sector employers under federal law. State law may provide different and additional rights and obligations.

This practice note considers the role of the Central Arbitration Committee (CAC) in the conduct of applications for statutory recognition by trade unions and for derecognition by employers and/or workers in accordance with Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992.

This practice note considers the steps that will be followed when the Central Arbitration Committee (CAC) orders that a ballot be held to assess the level of union support in a bargaining unit. A ballot may be ordered either in the case of a union applying for statutory recognition under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) or when an employer or worker applies to end the bargaining arrangements. The note also summarises the provisions of BIS's Code of Practice: Access and Unfair Pracitces during Recognition and Derecognition Ballots.

This practice note considers what happens when, after the Central Arbritration Committee (CAC) has issued a declaration recognising a union as entitled to conduct collective bargaining on behalf of a group of workers (the bargaining unit), the bargaining unit changes. If the employer and union are unable to agree a new bargaining unit they may, in certain circumstances, apply for the CAC to consider whether the bargaining unit remains appropriate (and, if not, what it should be) under Part III of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). The employer may also ask the CAC to decide whether the bargaining unit has, in fact, ceased to exist.

This practice note outlines the claims that workers and employees can bring as a result of their treatment in connection with the statutory recognition or derecognition of trade unions under Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992.