This year was marked by big strikes by autoworkers, health care workers, teachers, and Hollywood actors and writers. It also saw major decisions from the U.S. Supreme Court and the National Labor Relations Board (NLRB) that will affect employers' legal obligations with respect to unions.
The NLRB received 2,594 union petitions from Oct. 1, 2022, to Sept. 30, 2023, representing a 3 percent increase from the previous fiscal year. At least 22,448 cases of unfair labor practices were filed with the agency from Oct. 1, 2022, to Sept. 30, 2023, representing a 10 percent increase from the previous fiscal year.
Here are summaries of some of the most significant and popular labor relations articles from 2023.
Next Stop for Big Labor: More Organizing
Union organizing will be a primary goal for big labor in 2024, following the recent deals between the United Auto Workers (UAW) and Ford, General Motors and Stellantis. The key question to watch in the next year is whether the UAW's deals with the Big Three automakers—and the Teamsters' agreement with UPS—can be converted into organizing victories at other companies such as Tesla and Amazon.
Lawmakers Disagree on Union Rights
Congressional lawmakers debated conflicting bills related to workers' union rights. Republicans favored the National Right to Work Act, which would prevent labor unions from requiring workers to pay union dues if they don't want to belong to the union.
Democrats supported the Richard L. Trumka Protecting the Right to Organize Act (PRO) Act, which would nullify laws in 28 states that say workers can't be required to join a union or pay union dues as a condition of the job. The PRO Act also would replace secret-ballot union elections with card-check elections and prohibit captive-audience meetings by employers to discuss union activity. Both bills have been introduced but have not passed the House or Senate.
Actors and Writers Agree to Deals with Studios
Hollywood writers and actors went on simultaneous strikes that shut down television and movie production for about four months.
On Nov. 8, the Screen Actors Guild–American Federation of Television and Radio Artists announced a tentative deal with the Alliance of Motion Picture and Television Producers. Similarly, the Writers Guild of America ended its 146-day strike when writers returned to work on Sept. 27. The two deals included increased compensation, higher residual payments for streaming content and limitations on the use of artificial intelligence.
(SHRM Online and SHRM Online)
Strikes Not Legal If They Harm Property
A June 1 ruling from the U.S. Supreme Court demonstrated how unions may have to pay hefty penalties if a strike causes damage to a company's property. In Glacier Northwest v. International Brotherhood of Teamsters, the court ruled in favor of an employer that sued in state court after a strike risked significant damage to its trucks. Striking workers must take reasonable precautions to avoid foreseeable, imminent harm to the employer's property.
Rule Changes for Recognizing Unions
On Aug. 25, the NLRB ruled that when a union requests recognition on a card-check basis, an employer must recognize the union or file a petition seeking an election. Previously, if a union demanded recognition based on signed union cards, the employer could decline recognition and the union would need to file a petition with the NLRB.
A separate NLRB decision on Aug. 2 held that an employer violated the National Labor Relations Act (NLRA) by maintaining certain rules for its employees that addressed personal conduct, conflicts of interest and confidentiality of harassment complaints. The NLRB announced a new standard for whether work rules violate the NLRA. Employer handbooks and policies may need to be revised and updated.
(SHRM Online and SHRM Online)
Michigan's Right-to-Work Repeal Effective February 2024
Michigan became the first state in almost 60 years to repeal its right-to-work law. In some states, right-to-work laws establish that workers cannot be required to pay union dues as a condition of employment.
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