NLRB Finalizes New Election Rules

This morning the National Labor Relations Board announced the posting of its new election rules in the Federal Register and an implementation date for the rules of April 14, 2015.

 

In its announcement, the Board lists all the benefits of the changes. In self-congratulatory applause, NLRB Chairman Pearce euphemistically characterizes the process as beneficial to all. Unfortunately, it is indisputable that the only beneficiaries of these changes are: (1) labor unions who will receive information that will help them organize employees, and (2) NLRB employees who can become even more union-biased and lazy in the execution of their responsibilities under the National Labor Relations Act.

 

The key published points are:

  • Provides for electronic filing and transmission of election petitions and other documents;
  • Ensures that employees, employers and unions receive timely information they need to understand and participate in the representation case process;
  • Eliminates or reduces unnecessary litigation, duplication and delay;
  • Adopts best practices and uniform procedures across regions;
  • Requires that additional contact information (personal telephone numbers and email addresses) be included in voter lists, to the extent that information is available to the employer, in order to enhance a fair and free exchange of ideas by permitting other parties to the election to communicate with voters about the election using modern technology; and
  • Allows parties to consolidate all election-related appeals to the Board into a single appeals process.

For a more complete reading of the Board’s plan, please go to: http://www.nlrb.gov/news-outreach/fact-sheets/nlrb-representation-case-procedures-fact-sheet.

 

This may prove to be President Obama’s long-awaited payback to organized labor. At a minimum, unions will be energized since they will be able to fast track elections without the legitimate delays that have heretofore been available to employers as they exercise their historically limited right to due process under the National Labor Relations Act.

 

Please contact us for more information or clarification.

 

Best regards,

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William R. Adams, Ph.D.

President & CEO

Adams, Nash, Haskell & Sheridan

1-800-237-3942

wadams@anh.com