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
Employer Guidance: Reducing the Risk of a Successful Union Campaign [not-audio_url] [/not-audio_url]

Duration: 27:21
The Labor Relations Law Insider continues the discussion in this podcast episode with Tom Godar, Tom O’Day, Terry Potter and Rufino Gaytán on actions employers should take proactively to deter unions from garnering emplo…
The Unions Are Coming! The Unions Are Coming! [not-audio_url] [/not-audio_url]

Duration: 27:02
The Labor Law Insider takes on the recharged union optimism and activity in this podcast episode. Moderator Tom Godar is joined by members of Husch Blackwell’s Labor Law team, Terry Potter, Tom O’Day, and Rufino Gaytán,…
The Biden Administration - Expected Changes at the NLRB, Part III [not-audio_url] [/not-audio_url]

Duration: 29:37
In the third episode of the Labor Law Insider, Husch Blackwell's David Hertel and Laura Malugade discuss, with Tom Godar, two potential developments that would change the labor law landscape and enhance union organizatio…
The Biden Administration - Expected Changes at the NLRB, Part II [not-audio_url] [/not-audio_url]

Duration: 25:48
In today's episode of the Labor Law Insider, Husch Blackwell's Tom Godar, Kat Pearlstone and Rufino Gaytán discuss potential policy changes at the National Labor Relations Board and offer potential strategies for employe…
The Biden Administration - Expected Changes at the NLRB, Part I [not-audio_url] [/not-audio_url]

Duration: 25:12
Regardless of whether you have a unionized or union-free workforce, join us to listen to the first episode in our series, “The Biden Administration: Expected Changes at the National Labor Relations Board.” Husch Blackwel…