Time to Get Serious
The NLRB has scheduled two days for public comment on the proposed “Quickie Election Rule” that we reported in our article “Quickie Election Rule II” – The NLRB Tries Again earlier this month. The meetings will be held in Washington D. C. on April 10 and 11. The deadline for written comments on the Rule is April 7. We will be following the developments closely because the ultimate adoption of the Rule will have a significant impact on private employers covered by the National Labor Relations Act.If adopted in the present form, the Quickie Election Rule would, among other things:
- Shorten the timeline for union elections (now 42 days) to 10–21 days from the filing of the petition;
- Require pre-election hearing to be held within seven days of the petition;
- Limit evidence to be allowed at the hearing to only whether to hold an election;
- Prohibit evidence of inappropriate bargaining units; and
- Allow appeals only after the election has been held.
Get Ready Now
The proposed fast track election process poses a problem for an employer caught off guard by secretive union organizing. It would be exceedingly difficult for an employer’s message to be effectively communicated to employees in just a matter of weeks when a union may have had months to approach employees with its organizing message. Therefore, it makes sense to continually express a positive message about the organization rather than to wait until it’s too late after a petition is filed.Assuming that the Rule will be adopted pretty much intact and will likely become effective later this year, employers should begin to plan ahead to make sure they can respond immediately and effectively to a union’s surprise election petition.If you have questions or need assistance in confronting the union challenge, please contact Steve Lyman at slyman@wp.hallrender.com, Bruce Bagdady at bbagdady@wp.hallrender.com or your regular Hall Render attorney.
