Although union membership has declined steadily since the 1970s, a string of August decisions by the National Labor Relations Board (NLRB) may re-invigorate large unions and make union organizing easier. Thus, even in a right-to-work state such as Texas, in-house counsel seeking to preserve their companies’ union-free status must prepare for more organizing activity. This can include unions’ corporate campaigns, which rely on nontraditional organizing tactics, such as political or public activities, and often involve the employer committing to neutrality agreements. It can also include unions’ efforts to exploit small pockets of unhappy workers.
The NLRB’s first game-changing ruling, Lamons Gasket Co. , emerged from Texas. Previously, the law allowed workers to request a secret-ballot election within a 45-day window following what’s called a card-checkorganizing effort.
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