Posts tagged Fair Choice -Employee Final Voice Rule

    Commentary: Short-Term Gains, Long-Term Harm: The Real Cost of Union Monopoly Power

    May 22, 2026 // The Mercatus paper's survey findings cut against the union narrative in ways that should matter to anyone who follows labor policy. When asked directly, workers say they prefer unions that cooperate with management over unions that are more powerful but adversarial. They prefer having multiple options for representation rather than one organization with legal monopoly control over their workplace. And union progressive political activity and strikes, the two things union leadership most reliably prioritizes, are the only factors that consistently make workers less favorable toward organized labor.

    Commentary: Mayer’s Concurrence Says What Every American Worker Already Knows

    May 8, 2026 // The numbers tell the story. Workers in the original Rieth-Riley case filed their petitions in 2020. Those petitions remain dismissed to this day. Smith's petition has been in limbo for over two and a half years, with no hearing date in sight on the underlying case. As Mayer put it, "the open-ended dismissals approved in Rieth-Riley have deprived employees in case after case of any opportunity to vote in a Board-conducted election for years."

    Is It Really About Employee Voices? The National Labor Relations Board Continues its Union-Friendly Trend

    August 7, 2024 // The new regulations also contain a revision that will affect construction companies. Under the NLRA, an employer cannot recognize and bargain with a union lest the union has demonstrated that it represents a majority of the employees (through cards or an election, as noted above). Section 8(f) of the NLRA provides a limited exception to this rule, and it applies solely to the construction industry. Under Section 8(f), a construction industry employer can enter into a "pre-hire" agreement with a union and negotiate employment terms regardless of whether the employees support the union. Prior to 2020, the Board allowed an employer and union to convert an "8(f) agreement" into a normal collective bargaining agreement simply by stating that the union had demonstrated majority support to the employer. That language was sufficient to block a decertification petition or petition from a rival union during the so-called "contract bar" period (the term of the labor agreement, up to three years). No evidence would be examined to attack the contract language – this provision was enough.

    The NLRB’s Orwellian ‘Fair Choice – Employee Final Voice Rule’

    July 31, 2024 // McFerran’s term expires at the end of the year. The Biden administration has renominated her, and Senate Democrats on the Health, Education Labor and Pensions committee are attempting to fast-track her approval. Extending her term would ensure Democrats retain a functioning majority on the quasi-independent board until at least 2026, and possibly until 2028, even if likely presidential nominee Kamala Harris should lose in the fall. As much as unions and their allies talk about giving workers a voice, they usually oppose workers having the right to hold their unions to account.