Quickie Elections, Part II

The process below is the current National Labor Relations Board (NLRB) representation election flowchart. It is easy to see from this Rube Goldfarb design that the NLRB and its election procedure needs help, but a quickie election is not the answer. Most of the right side of the diagram would be deferred to a post-election process. Currently, each regional director of the NLRB has a timetable that would produce an election 42 days after the filing of a petition; this timetable has nothing to do with due process but has everything to do with the compensation of these government administrators.


(Source: https://www.nlrb.gov/resources/nlrb-process)

Since 1979, with the passage of the Civil Service Reform Act, all regional directors and most administrative managers in nearly all federal agencies have been participants in a bonus system that is part of the Senior Executive Service. Within the NLRB, original standard for elections being conducted was 50 days and, to make it more difficult for employers, the election directive has been shrunk to 42 days. Timeliness of performance is one of the important standards upon which the original directors rely on in their competition with all other regional directors to receive a bonus of 20% of their pay. The subordinates of the regional directors push ruthlessly to get an election conducted. The issues and well being of the employees, for whom the act was written to protect, are not a consideration. Now, with the anticipated move to speed of light elections, the trampling of due process many fear would be exacerbated.

The great irony is this agency is so incredibly inept it can hardly conduct an election in 17 days when both parties agree to everything. Employers should rest somewhat easier, since it is unlikely that a quickie election will happen much sooner than at least a month following the filing of the petition. An alert employer will easily be able to conduct a full campaign, designed to inform their employees about the other side of the issue, within that period of time.  For more information, please contact the experienced labor relations consultants at ANHS to find out how to avoid being a victim of a labor relations conflict.

Best regards,

William R. Adams, Ph.D.

President and CEO

Adams, Nash, Haskell & Sheridan