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Reinstated NLRB Rules and Union Organization: Lessons Learned From Amazon

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, May 26, 2021

Recorded event now available

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This CLE course will advise employment counsel on the status of reinstated NLRB rules and the Biden administration's current enforcement practices and priorities. The panel will discuss what comes next in union organization and NLRA actions after the vote of Amazon employees in Bessemer, Ala., to establish one of the company's only unions.


Under the prior administration, the NLRB took an unquestionably pro-employer position on many issues that impacted union organizing. Before the election, the current president claimed he would be the most pro-labor president in history. The current administration appears poised to follow through on that claim by reversing many of the prior administration's labor policies.

For example, many anticipate that the NLRB will reinstate union election procedures that permitted "ambush elections" and restore the rules allowing employee use of employer email systems for union organizing activity. Similarly, it is anticipated that the NLRB will ease the restriction on non-employee and union organizer access to employer property, reinstate the rules that made it easier for unions to organize “micro units” within facilities, and return to a less-stringent joint-employer standard. Needless to say, all of these actions may lead to a dramatic increase in union organizing activity.

Additionally, the vote in Bessemer, Ala., by Amazon warehouse employees has major ramifications for employees, employers, and communities. The process is a signal to union-free employers that they must continually assess workplaces by considering policies and procedures that enhance effective communication with employees.

Listen as our expert panel discusses the current state of the NLRB, the rules that have been reinstated, and what is most likely to come. The panel will advise what the Amazon union vote means for the future of labor organization in the U.S. and what the next steps are in the Alabama warehouse, as well as what impact increased union organizing has on non-union employers.



  1. Recent NLRB activity under Biden administration
  2. Proposed NLRB rule reinstatement/proposals
  3. Amazon warehouse union vote
  4. Best practices for union and non-union employers
  5. Anticipated NLRB future action


The panel will review these and other noteworthy issues:

  • What NLRB rules have been reinstated, and which rules are the most likely to be reinstated/proposed under the Biden administration?
  • How will the vote regarding unionizing by Amazon warehouse workers affect other employers?
  • What questions remain for union and non-union employers following the anticipated changes to the NLRB?
  • What steps should non-union and union employers anticipate to maintain NLRA compliance?


Garrison, Brian
Brian R. Garrison

Faegre Drinker Biddle & Reath

Mr. Garrison represents and counsels employers on a broad range of complex labor and employment matters, with a...  |  Read More

Yerger, Sarah
Sarah C. Yerger

Barley Snyder

Twenty-five years of experience in employment and labor law and litigation has equipped Ms. Yerger with a wide range of...  |  Read More

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