Posts tagged Passage of Time
At What Point Does a Nascent Worker Group Become a “Labor Organization”?
June 27, 2024 // Key points of the legal analysis: The Regional Director applied the broad statutory definition of "labor organization" from Section 2(5) of the NLRA. The decision analyzed whether the petitioner met the three-part test for labor organization status: (1) employee participation, (2) purpose of dealing with the employer, and (3) dealing with terms and conditions of employment. The Regional Director found all three elements were met, even though the petitioner was a nascent organization that had not yet engaged in formal bargaining. The lack of formal structure (no constitution, bylaws, dues, etc.) did not preclude finding labor organization status for an incipient union. The Regional Director concluded the petitioner qualified as a labor organization and directed an election in the stipulated unit.