Recent NLRB decision replaces bargaining order standard during union campaigns

On August 25, 2023, the National Labor Relations Boad (NLRB) issued a new set of rules that will apply immediately to many employers and unions locked in a unionizing campaign. The Board has determined that it has the power to impose a bargaining order on an employer that engages in serious unfair labor practice charges during an organizing campaign, even if the union loses a Board-supervised election and without entertaining the remedy of a re-run election. Here the Board announces that it’s replacing the Gissel bargaining order standard because of the speculative nature of determining the likelihood that a future fair election can be held.