As predicted, the National Labor Relations Board has announced plans to proceed with its “quickie election” rules that could reduce the time between a representation petition and NLRB election from 42 days or more in some cases, to as few as 14 days if the changes are adopted. Under the proposed rules, an initial hearing regarding the petition would be held within 7 days, with the Regional Director setting an election date quickly thereafter. Provisions for electronic filing of petitions, consolidated post-election reviews, and a requirement that employers provide phone numbers and email addresses to the union will all add up to further skew the process in favor of labor organizations.
What this means for employers is that there will no longer be a period of six weeks or more between the filing of a petition and the election; time that is often used to educate employees about union representation, correct the union’s “factual errors,” and allow for a natural decline in the momentum of the union’s campaign. In short, the employer will have little or no time to get his message across to employees. A shortened employer campaign means that early recognition of potential labor unrest and a thorough assessment of the organization’s union vulnerability become even more important to maintaining the Union-Free Privilege®. Employers who have a suspicion that their workforce may be vulnerable to an organizing campaign should prepare now. Visit our website at https://anh.com/services/counter-union-campaigns/ for more information on how to run a successful campaign and utilize the services of experienced union avoidance consultants.
These proposed new rules are due to be published in the Federal Register on February 6, 2014, with comments due by April 7, 2014. Expect a hearing to follow quickly, and the smart money is on these rules getting passed and implemented.
Stay tuned …
Best regards,
Mick Crowley, MS, RN
Executive Vice President