This morning, the National Labor Relations Board (Member Hayes dissenting) proposed reforms of the procedures it follows prior and subsequent to conducting a secret ballot election to determine if employees in the private sector wish to be represented for purposes of collective bargaining. The proposed amendments are intended to reduce unnecessary litigation, streamline pre- and post-election procedures and facilitate the use of electronic communications and document filing. The effect of these proposed rules will likely mean that union elections will occur much quicker. Employers will have much less time to respond to union organizational drives.
If finally adopted after a public notice-and-comment process, the proposed amendments would:
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Allow for electronic filing of election petitions and other documents.
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Ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process.
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Standardize timeframes for parties to resolve or litigate issues before and after elections.
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Require parties to identify issues and describe evidence soon after an election petition is filed to facilitate resolution and eliminate unnecessary litigation.
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Defer litigation of most voter eligibility issues until after the election.
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Require employers to provide a final voter list in electronic form soon after the scheduling of an election, including voters’ telephone numbers and email addresses when available.
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Consolidate all election-related appeals to the Board into a single post-election appeals process and thereby eliminate delay in holding elections currently attributable to the possibility of pre-election appeals.
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Make Board review of post-election decisions discretionary rather than mandatory.
Comments on the proposal will be received at a public Board hearing scheduled for July 18 and possibly 19, and through a 60-day period for written comments.
Links to the official announcement and summary fact sheet are below:
Summary Fact Sheet:
Should you have questions, please contact your regular Hall Render attorney or a member of our Employment and Labor Section.
