Abstract

In implementing any strategy, it is vital to know the rules. This is true in a variety of contexts, including union organizing. An employer must understand the rules in play between the time a petition is filed and an election is held. A recent decision of the U.S. Court of Appeals for the District of Columbia Circuit, in American Federation of Labor and Congress of Industrial Organizations v. National Labor Relations Board, Docket No. 20‐5223 (January 17, 2023), changed the rules again.

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