Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part I

Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part I

Author: Tom Godar November 17, 2023 Duration: 15:30
In Part One of this discussion, Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider Host Tom Godar to analyze the NLRB’s Cemex decision, which announced a radical new framework for determining when employers are required to bargain with unions without a representation election. Nearly any unfair labor practice—and certainly a series of even minor ULPs committed during an election period—will likely force an employer to recognize and bargain with a union, even if a majority of the employees vote against union representation. Employers will be forced to engage in a much more circumspect campaign opposing union organization, given the high risk of a bargaining order being imposed upon the employer. Part Two of the discussion will focus on this significant change, which, along with other pro-union NLRB decisions over the last 36 months, fundamentally alters employers’ approach and likelihood of success in winning union elections. In Part Two, Tom and Tyler offer some suggestions on how to win an election before one is ever filed.

Hosted by Tom Godar, The Labor Law Insider is a conversation for anyone responsible for navigating the complex relationship between management and the workforce. Rather than dry legal lectures, this podcast unfolds as a series of practical discussions with experienced labor and employment attorneys from the Husch Blackwell team. They dig into what’s happening right now-breaking down new rulings, regulatory shifts, and legislative trends that are actively reshaping the workplace. The focus is always on translation: turning dense legal developments into actionable intelligence. You’ll hear clear guidance on proactive strategies and operational best practices designed to help employers stay ahead of risk and foster a compliant, productive work environment. As the business landscape across every sector undergoes constant change, these conversations serve as a crucial resource for leaders, HR professionals, and operators who need to make informed decisions. The Labor Law Insider podcast doesn’t just outline the problems; it prioritizes real-world solutions and sensible steps you can implement. Join Tom and his colleagues for timely, grounded analysis that cuts through the noise of legal news and gets straight to the implications for your organization’s daily reality and long-term planning.
Author: Language: English Episodes: 66

The Labor Law Insider
Podcast Episodes
Momentum Shift from Union Friendly Continues at NLRB, Part 2 [not-audio_url] [/not-audio_url]

Duration: 12:38
In this episode, Labor Law Insider host Tom Godar, and his special guest, Adam Doerr, continue to explore the momentum shift away from the extreme interpretations of the Biden-appointed National Labor Relation Board. In…
Momentum Shift from Union Friendly Continues at NLRB, Part 1 [not-audio_url] [/not-audio_url]

Duration: 15:54
There seemed to be another type of madness going on this past month. NLRB called a foul on Jireh Plumbing as it tried to block imposition of a union without an election, ignoring historic precedent established by the Cem…
NLRB Changes in 2026: People and Policy, Part 2 [not-audio_url] [/not-audio_url]

Duration: 19:42
Join Labor Law Insider host Tom Godar and his special guest, Insider veteran Terry Potter, as they move into part 2 of their discussion of changes in people and policy at the National Labor Relations Board. This show hig…
NLRB Changes in 2026: People and Policy, Part 1 [not-audio_url] [/not-audio_url]

Duration: 18:16
Now that the NLRB has reached a quorum and appointed a new General Counsel, Labor Law Insider host Tom Godar sits down for a timely conversation with Insider veteran, Terry Potter. Terry’s experience as a former NLRB att…
Servant Leadership to Grow a Business with Engaged Employees, Part 2 [not-audio_url] [/not-audio_url]

Duration: 17:25
As we welcome the new year, host Tom Godar continues his discussion with Elizabeth Filter, CEO of VARC Inc., as she shares insights from her experience as a servant-leader. Her journey of successfully growing an enterpri…
Servant Leadership to Grow a Business with Engaged Employees, Part 1 [not-audio_url] [/not-audio_url]

Duration: 24:07
Host Tom Godar is delighted to welcome Elizabeth Filter, CEO of VARC, Inc., to the Labor Law Insider podcast for a two-part discussion on expanding a business in an increasingly challenging environment. In this special e…
How Arbitrations Help Preserve Labor-Management Peace, Part II [not-audio_url] [/not-audio_url]

Duration: 29:19
Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson for the second installment of a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has he…
How Arbitrations Help Preserve Labor-Management Peace, Part I [not-audio_url] [/not-audio_url]

Duration: 29:40
Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson to help him lead a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped to shape…