When politics work their way into the field of labor law, as they often do in an election year, things tend to go a little sideways. 2022 is no exception, as demonstrated by these two recent developments.

Constitutional Amendment: Tuesday’s ballot in Illinois includes a proposed amendment to the State’s Constitution to ban Right-To-Work laws. Right-To-Work laws exist in many states and prohibit union contracts that require employees to join the union as a condition of employment. The proposed Constitutional amendment would essentially ban any law that prevents compulsory union membership.

Some may wonder: how is a ban on bans on compulsory union membership so crucial to the citizens of Illinois, to warrant a Constitutional amendment favoring unions? Election year politics?

NLRB Rule Amendment: The National Labor Relations Board just issued a Notice of Proposed Rulemaking to reverse its existing procedural rule on “decertification petitions.” A decertification petition is a request by union represented employees to have an election to oust their union. The Board’s current rule permits such elections to go forward notwithstanding union allegations claiming the petition was unlawfully influenced by the employer. The proposed new rule would allow such “blocking charges” to postpone a decertification election.

Unions commonly claim that any attempt by their members to throw them out (“decertify” them) must have been unlawfully influenced by their employer. The NLRB, now ruled by a majority of Biden appointees, claims the proposed new rule of blocking decertification elections based on union opposition, will protect employee “free choice.”

Some may wonder: How is employee free choice protected by allowing a union to block their free choice in an election? Election year politics?

Questions? Contact attorney James Sherman at 952-746-1700