Publication
International Restructuring Newswire
Welcome to the Q4 2024 edition of the Norton Rose Fulbright International Restructuring Newswire.
United States | Publication | August 4, 2021
Over the years, the National Labor Relations Board has devised a set of rules in its case law to protect the integrity of secret ballot elections. In Professional Transportation, Inc. 370 NLRB No. 132 (2021), the Board added another rule, unanimously holding that the solicitation of mail ballots constitutes objectionable conduct in a Board election. Previously, the Board had held that a party engages in objectionable conduct if it collects or otherwise handles mail ballots.
Here, a union representative left a voicemail for an employee in which he allegedly said: “if you need help on [sic] getting [the ballot] sent back one way or the other, I can help you with that.” The Board held that this offer to collect an employee’s mail ballot—which it described as “solicitation”—was equally objectionable and could upend the result of an election.
With mail ballot elections on the rise, the Board’s decision is of great importance to employers.
Publication
Welcome to the Q4 2024 edition of the Norton Rose Fulbright International Restructuring Newswire.
Publication
Corporations are considered separate legal persons distinct from the people that run them. But, they do not have their own minds or willpower. This raises a question when statutory or common law tests require a finding as to the intent of the corporation.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023