HIGHLIGHTS

Employers Blog — Update

NLRB Overturns 40 Year-Old Precedent Regarding What Employers May Permissibly Say to Employees During Union Campaigns Regarding the Effects of Potential Unionization

“On November 8, 2024, the National Labor Relations Board (the “Board”) ruled in Siren Retail Corp. d/b/a Starbucks Corp. that the prior test governing the lawfulness of statements made by employers concerning the effects of unionization on the employer/employee relationship was wrongly decided, and defined a new test that considers whether the employer’s statements are factually supported and reasonably justified.  This pro-labor decision is one of the last that may be issued by the Board under its current Democratic majority, prior to the inauguration of President-elect Trump and the personnel changes expected to accompany his return.”