NLRB Issues Proposed Amendments to Rules and Regs Governing Representation Case Procedures

 
Friday, February 7, 2014
 

The National Labor Relations Board is issuing proposed amendments to its rules and regulations governing representation-case procedures.  The proposed amendments are identical to the representation procedure changes first proposed in June of 2011. A Notice of Proposed Rulemaking (NPRM) will appear in the Federal Register on February 6, 2014.  The proposals are intended to enable the Board to more effectively administer the National Labor Relations Act.  Specifically, the NPRM presents a number of changes to the Board’s representation case procedures aimed at modernizing processes, enhancing transparency and eliminating unnecessary litigation and delay. 

The reforms the Board will propose would:

  • allow for electronic filing and transmission of election petitions and other documents;
  • ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process;
  • streamline pre- and post-election procedures to facilitate agreement and eliminate unnecessary litigation;
  • include telephone numbers and email addresses in voter lists to enable parties to the election to be able to communicate with voters using modern technology; and
  • consolidate all election-related appeals to the Board into a single post-election appeals process.

The previous NPRM was published on June 22, 2011.  After considering the input provided in response, the Board had announced on December 22, 2011 that it was going to implement a final rule adopting some of those proposed amendments and defer the remainder for further consideration.  That final rule was invalidated by a District Court ruling that it had been adopted without a validly constituted quorum.  The Board’s appeal of that ruling was dismissed, pursuant to a joint stipulation, on December 9, 2013. 

The public is invited to comment on the proposed changes.  In addition, the Board will hold a public hearing during the week of April 7, at which members of the public may address the proposed amendments and make other suggestions for improving the Board’s representation case procedures.

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