New NLRB Election Rules a Hit!

August 6, 2015 by Andrew Baker

Employers hate the new NLRB election rules that went into effect April 14 this year.  And we know that’s good news.  Employers are complaining that the speeded-up election process means employers have less time to “educate” their employees about the perils of unionism.  And, they complain, they have to spend time actually figuring out who’s in the unit and who’s not, and getting information to the NLRB, when they should instead be conducting their anti-union campaign.  Boo hoo!  Pass the tissue box.

Under the new rules, the NLRB sets the pre-election hearing for eight days after the petition is filed, and won’t grant a continuance of more than two days except in extraordinary circumstances.  The employer must send the NLRB and the union its Statement of Position (SOP) seven days after the petition is filed.  The SOP has to include any disputes the employer has about the proposed unit, and it must also include a list of all unit employees with their job classifications, work locations, and shifts.  Within two days of a direction of election, the employer has to submit a voter list (what used to be called the “Excelsior” list), in written and electronic form, including not just employee names and addresses, but personal phone numbers and (where available) email addresses.

These new rules have resulted in fewer pre-election hearings and faster elections, which has meant more election victories.

In just three months after the new rules went into effect, our attorneys helped client unions win six NLRB elections.

• Teamsters Local 853 won an election among Durham School Services clerical employees;
• Teamsters Local 287 won an election among Second Harvest Food Bank warehouse workers;
• Teamsters Local 150 won an election among Waste Management, Grass Valley recycling workers;
• Teamsters Local 665 won an election among Serco parking meter workers;
• The Pacific Media Workers Guild won an election among St. Giles International language teachers; and
• Teamsters Local 853 won an election among Clean Harbors hazardous waste workers.

If you have an organizing campaign that you’ve thought about, now is the time to get it in gear.

Don’t mourn, organize!

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.