Posts tagged Marvin Kaplan

    An invitation for union organizers to cheat in elections

    September 1, 2023 // The board’s stated interest here is in speedier resolutions of representation cases. “Today’s decision, along with the Board’s recently issued Final Rule on Representation, will strengthen the Board’s ability to provide workers across the country with a timely and fair process for seeking union representation,” said NLRB Chairman Lauren McFerran. Boardmember Marvin Kaplan, the NLRB’s lone Republican appointee, argued in his dissent that the ruling ignores the Supreme Court ruling in a 1946 case called A. J. Tower. “Accordingly, my colleagues ignore the inconvenient fact that the Supreme Court found… that resolving issues of employee eligibility to vote before the election not only satisfies that goal but is ‘peculiarly appropriate’ in Board elections,” Kaplan said.

    NLRB restores Obama-era rule speeding up union election process

    August 25, 2023 // The U.S. National Labor Relations Board (NLRB) on Thursday finalized procedural changes that will speed up the union election process, which have been criticized by business groups for favoring organized labor. The Democrat-led board's rule restores changes to the election process that were adopted during the Obama administration and largely eliminated in 2019 when appointees of Republican former President Donald Trump led the board. Among the key provisions of the new rule are a requirement that elections be held before related litigation is resolved. Under the Trump-era regulation, the board had to rule on issues such as workers' eligibility to vote and alleged unlawful conduct by employers before holding an election.