Overview
Recent and upcoming changes at the National Labor Relations Board (NLRB) will rebalance the dynamics of union organizing, collective bargaining agreement negotiations, and unfair labor practice investigations and litigation. As a result, we anticipate that unions will pivot to new organizing and bargaining tactics. Nonetheless, employers have several options for managing and engaging with unionized workforces.
During this webinar, McDermott’s labor team provided a breakdown of the latest developments, 2025 projections, and new options for unionized and nonunionized employers, as well as for investments in unionized industries.
Top takeaways included:
- For nonunionized employers:
- Update rapid response plans in the event of ambush union organizing campaigns.
- Evaluate whether the prior NLRB enforcement trajectory constrained current policies and practices and determine if changes are needed.
- Consider conducting workforce vulnerability assessments and surveys and forming worker resource groups.
- For unionized employers:
- Reassess current and upcoming contract negotiation strategy and contingency plans.
- Update rapid response plans in the event of ambush unit expansions or targeting of non-represented groups.
- For those with transactions and investments involving unionized workforces:
- Reassess union and NLRB risks, options, and potential game plans to unlock value and operational flexibility.
- Strategically evaluate issues related to successorship, joint employer/single employer, and alter-ego issues.
