Case: Labor Relations/Representation Elections (N.L.R.B.)

The NLRB stated that it was changing one of the factors of its test to determine whether a mail ballot union election could be held due to the coronavirus pandemic. In a decision involving Starbucks Corp., the NLRB announced that it will no longer use trends in new Covid-19 case counts or the testing positivity rates as one of the elements that could trigger mail elections. Instead, the test will use the CDC’s Community Risk system, which uses Covid-19 hospitalization rates.