Subject: LRI’s New Leadership Lineup, Return-To-Office Friction And Quiet Firing: LRI INK

June 5, 2025

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Shuffling the Deck (In a Good Way): LRI’s New Leadership Lineup

by Michael VanDervort

New roles, same mission: creating extraordinary workplaces.

If you’ve worked with us for any time, you know we don’t sit still. Growth and change are part of our DNA, especially when it helps us serve clients better. That’s why we’re excited to share a few important updates on the LRI Consulting Services leadership team.


Our longtime President, Phil Wilson, is stepping into a new role as Chief Executive Officer and Visionary. He’ll keep his General Counsel hat on, but now with more runway to focus on what’s next: scaling our approach to leadership, strategy, and service innovation. Think: new tools, expanded learning experiences, and big-picture ideas like The Leader-Shift Playbook and Left of Boom.


Danine Clay is taking the wheel as President and Integrator. She’s been the behind-the-scenes glue for a while, and now she’s stepping up to make sure all our systems, people, and plans move in sync. Danine’s all about smooth operations and a laser focus on the client experience; this role lets her lead from that center.


Debbie Barnett will become the VP of Operations & Administration and bring her deep knowledge of how LRI actually works. She’ll keep the gears turning, the teams supported, and the chaos minimal (she’s basically our operational North Star).


We welcome Ted Glesener as VP of Sales, starting June 1. Ted’s got that rare combo of big-picture strategy and grounded sales chops. He’s starting his journey with LRI from out of town, but he’s relocating to Tulsa soon. In the meantime, expect to see him in motion—literally and figuratively.


And yes, Greg Kittinger continues as the VP of Business Development. He's still the guy who ensures we tell our story well and reach the right people with the right message.


As Phil put it:


“We’re doubling down on what makes us LRI—real-world solutions, deep relationships, and a mission to help organizations face their workforce challenges head-on. This team gives us the leadership muscle to go even further.”


Let’s call it what it is: an exciting new chapter with the same focus we’ve always had: helping clients build extraordinary workplaces.


Want to know more about what we’re building together? Come visit us at LRIonline.com.

The Power of Community: Why CUE Inc. Works for Today’s Labor Challenges

by Michael VanDervort

CUE Inc. isn’t just a conference—it’s the go-to spot for leaders building trust, truth, and transparency in employee and labor relations.


In this episode of the Left To Boom show, host Phil Wilson interviews Elizabeth Huston, the executive director of CUE Inc., a positive employee relations organization. They discuss Elizabeth’s leadership journey, the importance of community and collaboration within CUE Inc., the organization’s values, and the diverse membership contributing to its mission. The conversation highlights the resources available to members, including expert panels and member-driven initiatives, and emphasizes the significance of networking and personal development opportunities within the organization. Elizabeth shares personal insights and fun anecdotes, concluding with a strong endorsement for CUE Inc. and its community.


Forget top-down programs and stale playbooks. CUE Inc. proves that the best way to drive positive employee relations is through a community built on trust, experience-sharing, and actionable tools. This conversation shows how CUE Inc. empowers ER and LR leaders across industries to support each other and build extraordinary workplaces.


Key Takeaways

🔹 CUE Inc. creates community-based support for employee relations pros.

🔹 Members crowdsource ideas and experiences across industries and roles.

🔹 Programs are peer-driven—not dictated by vendors or sponsors.

🔹 Conferences prioritize action: walk out with tools, not just ideas.

🔹 Expert panels give free access to trusted legal and consulting guidance.

🔹 Small-group Decision Dialogues build relationships and solutions fast.

🔹 Industry-specific groups like aerospace and retail support deeper connections.

🔹 An online platform helps members find peers by size, union status, and industry.

🔹 Participation leads to leadership—volunteers drive the content.

🔹 CUE supports early-career ER professionals and seasoned leaders alike.

🔹 The mission is simple: tell the truth, support each other, build better workplaces.


Connect here:

Check out CUE Inc.

Connect with Elizabeth Huston


Coastal Trends For Agricultural Organizing: New York As A Barometer 

by Kimberley Ricci

The East and West Coasts’ labor laboratories never fail to send out alerts on trends worth watching, and unions’ tactics toward farm workers are no exception. That includes how some states navigate around these workers being generally excluded from union representation under the NLRA. 


The Big Labor-lobbied approach hasn’t gone as well as unions anticipated, including in California, where the United Farm Workers (UFW) previously exchanged fighting words with the state’s Agricultural Labor Relations Board. Currently, in New York, the UFW is embroiled in a case that could be a barometer of how much states can skirt federal law in this industry.


A brief legal history: 2019’s Farm Laborers Fair Labor Practices Act made farmworkers eligible to unionize in New York. This law didn’t allow these unions to call strikes, nor did it issue guidance on enforcement of union contracts. Yet in 2021, New York gave the green light for farm workers to unionize via card check, and then it was off to the races for the UFW, which has claimed over half of the fifteen New York farms that have since unionized through card check “wins.”


The stakes: In New York, 50,000+ farm workers seasonally head to apple and cherry orchards, vineyards, and dairy farms that have been family-run for generations. These businesses have been thrown into disarray by UFW scooping up workers without elections and, via state law, forcing employers to arbitration for contracts. Now, Wafler Farms is fighting back.


The H-2A visa lowdown: Wafler Farms regularly employs workers who hail from Jamaica and hold temporary H-2A visas, which allow them to enter the U.S. and work for a specific employer. The DOL mandates clean and safe housing as part of their employment, but UFW is pushing for much more, including 401(k) plans, bonuses, and paid holidays. It goes without saying that the UFW aims to drastically increase Wafler Farms’ labor costs, which will probably cause a reduction in workers. Those who are dismissed would also lose their legal status to remain in the U.S.


The ongoing dispute: Wafler Farms opted not to recognize UFW. The farm is also challenging both the card check process and whether H-2A workers can unionize, and the case now sits with a state court. Further, the UFW filed a ULP charge with New York’s Public Employment Relations Board (PERB), but even if PERB sides with UFW, the issue of contract enforcement remains unknown.


Can H-2A visa workers unionize? Not under federal law. In August 2024, a federal judge ruled that the Biden administration went too far in trying to extend NLRA protections to H-2A visa workers who attempted to organize and otherwise participate in concerted activity within 17 GOP-led states. California and New York see things differently.


Meanwhile, in another current case, 20 California farm workers and 2 in New York are challenging state laws that allow unionization via card check. These workers argue that union reps gained certification through coercion and lies facilitated by the lack of a secret vote.


The takeaway: As we recently discussed in light of several industries, unions frequently hurt workers through their “representation,” and they want to spread that effort into the agricultural industry. How the Wafler Farms case is resolved in court could help predict how much unions can try to get away with against agricultural employers in the future.

The NLRB’s 2025 ALJ Bench Book: What You Need to Know

by Michael VanDervort

The National Labor Relations Board has released the 2025 edition of its Administrative Law Judge (ALJ) Bench Book. While not an official statement of Board policy or legal authority, the Bench Book remains one of the most practical resources for anyone involved in unfair labor practice (ULP) hearings. It outlines how NLRB administrative law judges conduct hearings and approach procedural and evidentiary issues.


For labor attorneys, HR professionals, and consultants, the 2025 edition is essential reading.


Download the 2025 ALJ Bench Book:
Full PDF
Substantive Additions Document


What the Bench Book Is

The Bench Book is a procedural guide for ALJs presiding over ULP hearings. It covers:

  • Case handling procedures

  • Rules of evidence as applied in NLRB hearings

  • Sample rulings on common pretrial and trial issues

  • Guidance on motions, subpoenas, settlement frameworks, and witness management

Although not binding, the Bench Book clarifies how ALJs will likely manage hearings and rule on objections.


Key Changes in the 2025 Edition

This year’s update includes several revisions designed to align the Bench Book with current Board precedent and the Federal Rules of Evidence updates.


Notable updates include:


Legal Citations and Precedent

The 2025 edition reflects decisions issued by the Board and federal courts since the prior version. These changes help ensure the procedural guidance aligns with current case law, including more recent interpretations under the Stericycle framework and evolving standards for remedies.


Federal Rules of Evidence

Chapter 16 includes December 1, 2024, amendments to the Federal Rules of Evidence. These updates are especially relevant to handling hearsay, authentication, and objections in civil proceedings and influence how evidence is treated in NLRB hearings.


Expanded Substantive Content

The companion Substantive Additions document outlines several areas where procedures have changed or been clarified. These include:

  • Amending pleadings and handling withdrawn allegations

  • Enforcement of subpoenas and witness refusals

  • Use and limitations of special appeals

  • Sequestration of witnesses

  • Post-hearing brief procedures

These additions are important for practitioners who want to stay current on how ALJs are instructed to manage these issues.


Who Should Be Paying Attention

Anyone representing parties in NLRB hearings should read and refer to the Bench Book. That includes:

  • Labor and employment counsel preparing for hearings

  • Consultants supporting clients facing ULP charges

  • In-house HR teams involved in compliance and litigation

The Bench Book is a valuable tool for employers to understand what to expect in litigation and how to support outside counsel. It also helps legal teams anticipate procedural hurdles and prepare case strategies with greater precision.


Final Thoughts

The 2025 ALJ Bench Book is not a policy document but continues to shape the practical reality of how ULP hearings are conducted. With an uptick in unfair labor practice charges and greater scrutiny of employer behavior, this year’s edition comes at a time when preparation and procedural awareness are critical.


Download the book. Mark the updates. Adjust your playbook accordingly.

Return-To-Office Friction And Quiet Firing: Reflections For Employers On Two Tricky Subjects

by Kimberly Ricci

It’s been a few minutes since we last dipped our toes into the Great Return-To-Office Experiment while outlining considerations for companies looking for in-person collaboration to return. As of last fall, several major companies launched efforts to roll back the remote work trend that took hold during the pandemic. Some found success, and others?


Let’s say RTO mandates aren’t going smoothly for all involved, and the related concept of “quiet firing” could also backfire on employers.


Grindr’s ongoing RTO fallout: We previously discussed how the dating app company asked workers to relocate into Grindr hub cities or accept severance packages. At the same time, workers expressed intent to organize with Communication Workers of America. Ultimately, 80 out of 178 workers opted not to relocate and chose severance.


This month, an NLRB lawyer asked for an injunction while claiming that Grindr’s RTO mandate did two things: (1) retaliated against workers even though organized, and (2) happened “out of the blue” after the company allegedly deemed “remote work benefits” to be “secure.” In response, Grindr insisted that their policy was planned before workers expressed intent to organize, and they offered to pay for relocation expenses. Yet one worker insisted he was given “less than a day” to pick an option.


How this case shakes out could establish a precedent for how much unions can push back against RTO. It’s also possible that Grindr would have faced opposition regardless of their approach. Still, it’s worth looking at how video game company EA recently framed a new RTO policy mandating three days in the office per week, similar to what Grindr aimed to accomplish.


One apparent difference? CEO Andrew Wilson specified that EA’s process would not be immediate and could take up to 24 months to complete. Is this a softer approach that could see less legal fallout? We will be watching.


You’ve heard of “quiet quitting”? Meet “quiet firing”: A recent survey from Resume Templates asserts that so-called “quiet firing” is being adopted this year by 53% of 1,100+ business leaders. Such practices can involve RTO mandates, depending on how they are handled. Still, as HR Dive sums up, they can also include “reducing pay or bonuses, cutting benefits, micromanaging employees, [or] ignoring toxic workplace behavior” to lower headcount without formal layoffs that can attract bad PR.


It doesn’t take much of a leap to see how miserable quiet firing could make workers, who could lose trust in their employers, which in turn opens the doors for union infiltration. These on-edge workers might feel they are simply hanging on for survival during economic downswings. Neither outcome will do much for productivity or for the likelihood of holding onto top-performing workers in the long haul.


The takeaways: Workers are finely attuned to shifts in workplace culture and vibes. They’re wise – and that’s part of why they were hired – enough to recognize less than graceful RTO mandates and the more unsavory examples of quiet firing when they see them.


Workers also universally want to know that employers hear their concerns and take them seriously. While tricky to navigate, we also previously outlined how RTO can be viewed as an opportunity to build trust by involving workers in the decision-making process. That trust is paramount to keeping workers engaged and far away from union promises.


Stories You May Have Missed:


Labor Board Judge Blasts Agency Lawyers, Raising Ethical Issues
Read the full story


What happened:
An NLRB administrative law judge torched agency lawyers for bringing largely meritless claims against Las Vegas hospitals and Universal Health Services. The judge’s 217-page ruling dismissed most of the case, citing a lack of evidence and even mocking the General Counsel’s office for conducting a “fishing expedition.” Still, Valley Hospital was found to have violated labor law by improperly withdrawing union recognition without evidence.


What you need to know:
This is more than courtroom drama—it’s a flashing warning light. If the NLRB’s own ethics and credibility are in question, employers can expect more scrutiny, delays, and legal uncertainty. Keep documentation tight, and watch for GC exceptions to see how the agency responds to being called out by one of its own judges.


Workers Need More Transparency from Unions
Read the full story


What happened:
In a recent National Review article, Michael Alcorn argues that unions should proactively inform members about their rights and union operations. He highlights that many workers feel intimidated to ask for such information, suggesting that unions are responsible for ensuring transparency without requiring members to seek it out.


What you need to know:
Transparency within unions is crucial for empowering members and maintaining trust. Employers and HR professionals should know the dynamics between union leadership and members, ensuring that employees know their rights and the union's activities. This awareness can help in fostering a more transparent and communicative workplace environment.


NLRB Plans to Cut Staffers, Save Money Without Mass Layoffs
Read the full story


What happened:
The National Labor Relations Board (NLRB) announced plans to reduce its workforce by nearly 100 employees in the upcoming fiscal year through buyouts and voluntary early retirements. This strategy aims to save the agency $17.5 million and aligns with a 4.7% budget reduction request to Congress, totaling $285.2 million. Notably, the NLRB seeks to achieve these savings without implementing mass layoffs.


What you need to know:
While avoiding mass layoffs is a relief, the NLRB's staffing reductions come amid ongoing challenges, including staffing shortages and case backlogs. Employers should anticipate potential delays in case processing and be prepared for possible shifts in enforcement priorities. Staying informed about these changes is crucial for navigating labor relations effectively.

Be Careful What You Wish For: The Risks of Competitive Labor Federalism for Pro-Union States
Read the full story


What happened:
In a recent blog post, Alexander T. MacDonald of the Federalist Society critiques California's Assembly Bill 288 (AB 288), which aims to transfer labor relations authority from the federal government to the state. MacDonald argues that such moves by pro-union states could backfire by prompting conservative states to enact more employer-friendly labor laws, intensifying interstate competition for businesses and jobs.


What you need to know:
While the intention behind AB 288 is to protect workers' rights amid perceived federal inaction, MacDonald warns that this approach could lead to a "race to the bottom" in labor standards. Pro-union states may find themselves at a disadvantage as businesses gravitate toward states with more flexible labor policies. Employers should monitor these developments closely, as shifts in labor federalism could impact regulatory landscapes and workforce dynamics across state lines.


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 Labor Relations Institute 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 Labor Relations Institute

LRI 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 41 years, LRI has led the labor and employee relations industry, driven by our core values and our proven process, the LRI Way.

 

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