Elizabeth Mincer – Transportation, Automotive and Logistics

In August 2023, the NLRB’s then-Democratic majority issued its decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), fundamentally altering the framework for union recognition and employer obligations when confronted with a union’s demand for bargaining.

Before the decision in Cemex, an employer could generally deny or ignore a request for recognition by a union. The union would then have the option of filing a petition for election. This would kickstart a formal election process, during which the Board would assess the appropriateness of the unit, among other issues, and then decide whether to order an election. The parties could also negotiate an election agreement. If an election occurred, eligible voters could cast their ballots anonymously. Under this historic framework, the onus was on the union to file the petition and to establish at least 30% support from an appropriate bargaining unit.

Read the full article on Concerted Action – The Duane Morris Labor Blog.

April 8, 2026April 8, 2026 by Duane Morris

Dismissed: NLRB Regional Director Finds Proposed Union Workers at Shipping Company Responsible for Direction of Work

By Elizabeth Mincer

On March 31, 2026, Region 21’s Regional Director dismissed an election petition for a proposed unit of workers at a shipping facility, finding that they were all supervisors. See American President Lines, LLC, 21-RC-337981 (Mar. 31, 2026). The decision offers a detailed example for transportation and logistics employers seeking to understand how the NLRB evaluates supervisory status under Section 2(11) of the NLRA, and it provides practical lessons on how to structure frontline supervisory roles to withstand legal scrutiny.

Read the full article on Concerted Action – The Duane Morris Labor Blog.

April 12, 2020April 16, 2020 by Duane Morris

The National Labor Relations Board Changed Its Joint Employer Standard… Again

By Elizabeth Mincer

On February 26, 2020, the National Labor Relations Board (NLRB) issued a final rule changing the standard for determining joint-employer status under the National Labor Relations Act. This final rule will affect companies across industries, but could be particularly impactful on entities operating in the transportation, automotive, and logistics industries. Continue reading “The National Labor Relations Board Changed Its Joint Employer Standard… Again”

April 11, 2020April 16, 2020 by Duane Morris

Security Screenings and Overtime Pay: Could Pennsylvania Join Other States in Requiring that Employees Remain “On-the-Clock” for Mandatory Security Protocols?

By Elizabeth Mincer

Pennsylvania could be joining the ranks of states that require employers to pay employees for time spent in post-shift security screening (federal law does not require employers to do this). In December 2019, the Pennsylvania Supreme Court agreed to consider whether the Pennsylvania Minimum Wage Act (PMWA) qualifies such security screenings as compensable time in Neil Heimbach v. Amazon.com, Inc. The Pennsylvania Supreme Court’s decision has the potential to affect a wide range of industries operating in Pennsylvania, including those in transportation, automotive, and logistics. Continue reading “Security Screenings and Overtime Pay: Could Pennsylvania Join Other States in Requiring that Employees Remain “On-the-Clock” for Mandatory Security Protocols?”