Hunton Employment & Labor Perspectives

In an historic development for the financial services industry, a group of employees at a Wells Fargo branch bank in Albuquerque, New Mexico voted this week to join Wells Fargo Workers United, a grassroots labor union backed by the Communications Workers of America.  The successful vote marks the first time in memory that employees at a major U.S. bank have elected to unionize.  Workers at Wells Fargo branches in California and Florida have also filed for union elections in the past month alone. 

The US Supreme Court’s recent decision in Cedar Point Nursery et al. v. Hassid et al., No. 20-107 (June 23, 2021), a case pitting agricultural employee rights to freedom of association and self-organization under California law, against employer private property rights of California agricultural employers, marks a clear victory for property rights.  

Last month, the National Labor Relations Board held that employers do not have to allow non-employees to use their cafeterias or similar public spaces for promotional or organizational activities.  See UPMC Presbyterian Hospital, 368 NLRB No. 2 (June 14, 2019) (“UPMC”).  In so holding, the Board overruled decades-old precedent.

UPMC specifically involved “public spaces,” a sometimes-gray area in union organizing.  Public spaces are somewhat-private areas on employer property that are also open to the public, such as employee cafeterias or snack bars, as compared to fully-public areas such as retail floors.