NLRB Issues Final Rule to Modernize and Streamline Election Procedures

December 15, 2014 by Susan Garea

New election rules just adopted by the National Labor Relations Board should expedite union elections and limit employer delaying tactics in the NLRB election process, thus expediting union organizing efforts.

The new election rules take effect on April 14, 2015.  The most significant changes are as follows:

• Provide for electronic filing and transmission of election petitions and other documents;
• Require petitioner to simultaneously serve all parties identified in the petition with the petition, description of representation case procedure, and statement of position form;
• The employer is required to post a Notice of Petition for Election within two business days;
• Pre-election hearings will be scheduled to open 8 days after Region serves notice of Petition;
• Pre-election hearings will be streamlined by requiring non-petitioning parties to file statements of position at least one business day prior to the hearing and provide a list of prospective voters with their job classifications, shifts and work locations, and litigation inconsistent with the positions taken will generally not be allowed;
• Litigation over the inclusion or exclusion of classifications or individuals from bargaining units will be deferred until after the election if they do not have to be decided before the election (generally, if the disputed classes or individuals comprise only a small fraction of the overall unit);
• Written briefs after the pre-election hearing will be allowed only if the Regional Director determines they are necessary;
• Parties may seek review (appeal) of all Regional Director decisions on election issues through a single post-election request;
• There will be no automatic stay of an election (this is a big change because currently elections are delayed 25-30 days to allow the Board to consider any request for review of the regional director’s decision that may be filed, even though such requests are rarely filed and even more rarely granted);
• Excelsior lists (names and addresses of all eligible bargaining unit employees) must include (where available) employees’ personal email addresses and phone numbers and must be made available 2 business days (instead of current 7 days) after election stipulated or ordered; and
• Any post-election hearings will be set 14 days after the filing of objections.

Under the previous rules, employers were almost always able to delay elections until 42 days after a union filed a representation petition, and in many cases for much longer because of lengthy hearing and post-hearing-briefing processes.  These new rules are designed to force elections much sooner than 42 days after filing.  The rules themselves and a fact sheet describing key aspects of the rules are available here.

http://www.nlrb.gov/news-outreach/fact-sheets/nlrb-representation-case-procedures-fact-sheet

These are significant changes and you may contact one of the attorneys at Beeson, Tayer & Bodine if you need assistance. Our law firm has been a supporter of labor unions for over 75 years and provides legal support on union organizing, collective bargaining and on-going labor relations.

 

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.