New NLRB Rules on "Quickie Elections" Require Employers to Be Prepared

 
Wednesday, December 17, 2014
 
On December 12th, the National Labor Relations Board issued its final rule governing the conduct of representation elections. The rule is intended to reduce the time between the filing of a representation petition and the election through procedural changes.

The 700-page rule can be found here:  http://www.ofr.gov/OFRUpload/OFRData/2014-28777_PI.pdf

The “Quickie Election” rule, will take effect April 14, 2015. According to the Board, the new rule will “simplify representation-case procedures, codify best practices, and make them more transparent and uniform across regions.” While the new rule is expected to be challenged in court, union organizing efforts are certain to get a boost.

The rule will make it more difficult for employers to conduct unionization campaigns for the following reasons:
  • Employers will be forced to educate employees about unionization within a much shorter period of time.
  • It will be more difficult for employers to seek pre-election clarification of the eligible voting group.
  • Employers will have to respond immediately to procedural mandates upon receipt of an NLRB petition.
  • Employers will have to provide to the union (through the NLRB) within two days of the filing of a petition a list of eligible voters, including telephone numbers and email addresses.
Employers must educate/prepare themselves so they will be able to respond immediately to a representation election petition.
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