Subject: LRI Ink: Labor Law Developments, Now's The Time To Work on Culture

July 30, 2026

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Positive Employee Relations: Every Workplace Has A Next 52 Weeks.

by Michael VanDervort


A positive employee relations strategy can strengthen frontline leadership, improve engagement, reduce the risk of union organizing, and strengthen culture over the next 52 weeks.

Most employers do not need a consultant to tell them where the problems are.

They know which department cannot keep people. They know which supervisor gets results while leaving a trail of unhappy employees. They know which policy is applied differently depending on the shift, the manager, or the day of the week.


These problems tend to sit around until something makes them impossible to ignore. A union petition. A walkout. A spike in turnover. Another good employee heading for the door.

Then everyone gets very interested in employee relations.


That is the thinking behind The Next 52 Weeks. Phil Wilson originally developed the program for employers that had won a union election and needed to repair the workplace afterward.


Under Section 9(c)(3) of the National Labor Relations Act, another election generally cannot be held in the same bargaining unit for 12 months following a valid election.

That gives an employer a year. It does not give the employer a new culture.


The supervisors employees did not trust are still supervising. The communication gaps are still there. Employees who supported the union have not suddenly decided management was right because the vote went the other way.


Returning to normal may feel comfortable. Normal was also where the problems started.

Why Wait for a Union Campaign

The same work employers should do after an election can be done before organizing begins, and can go a long way to preventing an election from ever happening.


Start by taking an honest look at the workplace. Annual surveys can be useful, but a companywide score can make an organization look healthy while one department is quietly falling apart.


A real employee relations vulnerability assessment gets closer to the ground.


Where is turnover highest? Which supervisors generate the most complaints? Are policies applied consistently? Can employees raise concerns without regretting it later?

And what happens after employees speak up?


Employers love asking for feedback. Following up is where things get less enthusiastic.

Employees do not expect every request to be approved. They do expect someone to answer them. Keep a visible issues list. Explain what can be fixed, what will take time, and what is not going to change.


Silence is still an answer. It is usually the wrong one.

Frontline Supervisors Are the Workplace

Employees do not experience the company through its values statement. They experience it through the person approving their time off.


Frontline supervisors are responsible for many different tasks daily. They assign work, deliver feedback, apply policy, and decide whether a concern gets attention. One bad supervisor can do a lot of harm to your workplace culture.


All too often, employers promote the strongest operators into a supervisory position and assume the leadership part will sort itself out. Sometimes it does, but if not, employees wind up with a leader who may avoid difficult conversations, apply rules inconsistently, and blame corporate whenever employees dislike a decision.


That supervisor may still hit every production target, but that doesn’t mean they are leading effectively.


The Cultivating Performance episode of our video podcast The Left of Boom Show examines the supervisor’s role in feedback, conflict, and performance. The message is straightforward: supervisors need coaching, practice, and accountability.


Training alone will not carry the load.

More Than 10 Hours of Free Video Content

LRI has made the complete Next 52 Weeks video series available free to everyone.

The series includes 13 expert episodes and more than 10 hours of video content covering vulnerability assessments, action planning, approachability, workplace conflict, employee advocacy, performance management, and communication when things go wrong.


The episodes do not have to be watched in order. The page includes learning paths based on the problems an organization needs to address. HR teams can use individual episodes during planning meetings. Supervisors can watch an episode and discuss how it applies to their own teams.


There is no paywall. There is no registration fee. Just more than 10 hours of practical employee relations guidance available to anyone willing to use it.

The Next 52 Weeks Have Already Started

A year from now, the workplace will be different.


Employees will have learned whether leaders mean what they say. Supervisors will have built trust or spent it. Small problems will have been fixed, ignored, or promoted into larger ones.


No union campaign is required. The clock is already running.


Watch the complete Next 52 Weeks series free.

2026 NLRB And Labor Law Changes: 3 Employer Developments

by Michael VanDervort

The 2026 NLRB Labor law changes are ramping up in a big way.


The Senate is expected to confirm nominees James Macy and David Prouty soon, setting up a Republican majority at the National Labor Relations Board (NLRB) to start reversing Biden-era rulings that tilted NLRB and labor law rulings toward unions, according to Bloomberg. Senate Republicans took the first steps last week to vote on a package of nearly 70 Trump administration nominees. The 12-page resolution covers President Trump's picks for the NLRB, the Bureau of Labor Statistics, and the agencies that handle federal worker disputes.


The courts moved just as fast recently. Three separate labor law rulings landed inside one 48-hour window this week. None of them is a blockbuster on its own, but a larger story is developing. The D.C. Circuit gutted a Board rule, a federal judge in New York halted a state's workaround for a dysfunctional Board, and a House committee voted to rewrite who's on the hook for a franchisee's labor violations. On their own, each case is a solid update. Next to each other, they're a pattern, and they point in the same direction as the Senate confirmations: less room for the Board to operate under inferred authority.

D.C. Circuit rejects the NLRB successor bar rule

A divided D.C. Circuit panel ruled Tuesday in Hospital Menonita De Guayama, Inc. v. NLRB II that the Board overstepped when it required companies acquiring a unionized business to keep bargaining with the incumbent union for up to a year, whether or not the workforce still wanted that union around. The 2-1 majority leaned hard on Loper Bright to reject the Board's reasoning. Loper Bright killed judicial deference to agency interpretations of fuzzy statutory language, and a rule the Board justified with policy logic instead of clear statutory text just got taken apart.

Federal court blocks New York's NLRB trigger law

New York's law letting its Public Employment Relations Board (PERB) step in during NLRB quorum gaps is preempted by the National Labor Relations Act (NLRA). Judge Eric Komitee handed down that ruling Monday in the Eastern District of New York. (Yahoo) New York wasn't inventing something new here. Several states passed similar "trigger laws" over the last couple of years, betting that if the NLRB couldn't function, state boards could quietly pick up the slack. California's version got enjoined back in December. New York's is the second one down, and the pattern is getting hard to miss.

If your state passed one of these laws, keep an eye out. Federal courts keep striking them down.

American Franchise Act targets the joint-employer standard

The House Education and Workforce Committee passed the American Franchise Act 18-15 on Tuesday, straight down party lines. The bill would rewrite both the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA) so franchisors are only on the hook for a franchisee's wage or bargaining violations if they're actually calling the shots on that franchisee's staff. This goes straight after the joint-employer standard, which has been flipped back and forth by every administration for the better part of a decade. Franchise employers who've spent years absorbing legal exposure for locations they don't run day to day would come out ahead. It heads to a full House vote next, and that committee margin suggests it won't be a quiet one.

Republican majority could accelerate 2026 NLRB labor law changes

We are on the cusp of some long-awaited changes at the NLRB. Recently, courts have been chipping away at Board authority. A New York state law proposing a workaround for NLRB dysfunction got shut down. Congress moved to rewrite employer liability from the legislative side. All three happened inside the same 48 hours, right as the Senate lines up a new Republican majority at the Board itself. Expect more labor law changes favorable to employers as we move through the rest of the year, although employers should remain concerned about the Faster Labor Contracts Act (FLCA). Here is how you can weigh in on that overreaching bill.


Friday Five: An NLRB Starbucks Ballot Dispute And Strikes From Pharmacists To Flight Attendants

by Kimberly Ricci

The NLRB had to define “mail-ballot election” for Workers United:

At a Starbucks location in Seattle, a unit of 24 workers didn’t exactly vote with enthusiasm to join a union. For that matter, not many of them voted at all. A 4-4 tie was followed by the union claiming that two challenged votes should be counted to decide the matter, and Starbucks challenged those votes because they weren’t mailed to the regional office (as is not only customary but required for a mail-ballot election).


As the Board’s decision pointed out, “The record is clear that the voters in this case were specifically instructed to return their ballots via U.S. Mail, with no indication that ballots could be delivered in person.”


In this case, one of the voters decided to hand-deliver their ballot, and the other voter “had her boyfriend” drop her ballot off at the regional office. This presented chain-of-custody issues that needed to be addressed via testimony, and ultimately, all three current NLRB members (James Murphy, Scott Mayer, and David Prouty) concluded that this election outcome wasn’t going to be changed by two voters who didn’t follow directions. Next?

It’s been a minute since we’ve done a strike roundup, and it’s a good week for one:

- Around 800 Southern California grocery pharmacists at multiple retail chains (including Albertsons, Ralphs, and Vons and Pavilions) authorized a strike with UFCW claiming that negotiations stalled on an expired contract.


- The Teamsters’ Breakthru Beverage strike has reached the two-month mark in the St. Louis area, weeks after some bar-related establishments began to go elsewhere for their alcohol needs.


- The opening days of Christopher Nolan’s The Odyssey saw a slight wrinkle in Seattle. Although no screenings were cancelled, around a dozen SIFF Cinema Workers Union members went on a weekend-long strike over frustrations at not reaching a first contract after three years of bargaining.


- At Brooklyn Defender Services, around 500 workers (including public defenders and support staffers) ended a five-day strike this week. Their union, the UAW-affiliated Association of Legal Advocates and Attorneys, claimed that their tentative agreement included provisions on remote work and increased sick pay. And on the heels of this deal, 300 workers at The Bronx Defenders also authorized a strike that could begin on Jul. 24.


- About 4,400 WestJet flight attendants green-lit a strike in Canada, where a cooling-off period is required by law. If the two sides don’t come to an agreement on ground pay, these workers could walk out on the Civic Holiday three-day weekend.

The AI battle lines are intensifying in healthcare:

We’ve talked a lot about how AI is fast becoming an organizing issue in healthcare. Sure, physicians are reportedly loving how this emerging technology means less time spent on paperwork and more time on patient care. Yet nursing unions are pushing an opposing script and even contributing to a model contract language library. This week, NYSNA--the union behind this year’s high-profile, costly-for-nurses strike--claimed that AI replaced around a dozen nurses at Bronx’s Montefiore Medical Center.


The hospital denied these claims as “inaccurate and misleading,” but the truth rarely stops unions from spreading their fictions in the name of future recruitment. Elsewhere, the California Nurses Association has been negotiating a new contract for around 25,000 Kaiser nurses, some of whom protested AI strategy outside this year’s American Hospital Association Leadership Summit earlier this month in Denver, CO.

Acting Labor Secretary Keith Sonderling is a step closer to losing the “acting”:

Soon, the Senate HELP Committee will likely advance Sonderling for a full Senate vote, which will put him closer to receiving the official title. At last week’s initial HELP Committee hearing, Sonderling cited his years of experience in multiple federal agencies, including the DOL’s Wage and Hour Division and at the EEOC, as having “prepared me to lead the department with a deep understanding of its mission, its people and most importantly, the American people we serve.”


Thus far, Sonderling has spearheaded new proposed rules for independent contractor and joint employer standards. Some legal experts believe that he earned the “secretary” title at least a year ago, and we’ll see if his full confirmation vote happens before the Senate recess that starts on Aug. 7.

Another effort to loosen the joint employment standard:

As mentioned above, the DOL’s proposed joint employer rule is moving through the required notice-and-comment period. Likewise, the NLRB restored the more employer-friendly 2020 standard, but that’s not all.


This week in more Senate HELP Committee news, the American Franchise Act was advanced for full Senate consideration. The bill’s text stresses a requirement for "substantial direct and immediate control” over employment terms in order to trigger franchisors’ joint employment liability. That’s also a more employer-friendly take on joint employment, but with the House and Senate being pretty darn close in party balance these days, will this legislation pass? We’ll be paying attention.


About Labor Relations INK

Labor Relations INK is published weekly and is edited by LRI Consulting Services, Inc. Feel free to pass this newsletter on to anyone you think might enjoy it. New subscribers can sign up by visiting here.


If you use content from this newsletter, please attribute it to LRI Consulting Services, Inc. and include our website: http://www.LRIonline.com 


Contributing editors for this issue: Greg Kittinger, Michael VanDervort, and Kimberly Ricci.


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About LRI Consulting Services, Inc.

LRI Consulting Services, Inc. exists to help our clients thrive and become extraordinary workplaces. We improve the lives of working people by strengthening relationships with their leaders and each other. For over 40 years, LRI Consulting Services, Inc. has led the labor and employee relations industry, driven by our core values and our proven process, the LRI Way.

 

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