In the new Louisville Business First Legal Forum Column, BGD attorney William J. Kishman discussed how the recent actions by the NLRB will affect non-union employers.

Read his advice below and don’t miss our monthly Legal Forum Column in Louisville Business First!


My company doesn’t have a labor union representing its employees. Do I still need to pay attention to what the National Labor Relations Board has been doing?


Yes, the NLRB’s recent actions will affect non-union employers as much, or more, than unionized employers.

The new “quickie election” rules will help unions obtain representation elections more quickly and easily. Unions win about two-thirds of the elections that occur, and these new rules will make it significantly easier for unions to organize new workforces.

The NLRB has also imposed new obligations on non-union employers regarding employee emails. For example, it recently granted employees the right to use their employers’ email systems to discuss union organizing under certain circumstances.

Both union and non-union employers should pay attention to what the NLRB is doing and revise company policies as appropriate. If your company is non-union but unions have a presence in your industry, you should consider updating your union avoidance plan as well.