NLRB Issues New Union Election Rules and Guidance on Employee Email Use: Employment Law Manual and Legal Timetable Updated

Authors: Melissa Gonzalez Boyce and Beth P. Zoller, XpertHR Legal Editors

The National Labor Relations Board (NLRB) has adopted new union representation election rules, effective April 14, 2015, that will dramatically shorten the timeframe in which a union representation election is held and impose additional burdens on employers. For example, the NLRB will set pre-election hearings eight days after the hearing notice is served and eliminate the 25-30 day stay to review the decision of a regional director. As a result, a union election may be held within 20 days after the filing of an election petition. In addition, an employer is now required to provide additional contact information for employees, including personal phone numbers and email addresses. Based on these new union election rules, the Legal Timetable and the Union Organization and Labor Relations section of the Employment Law Manual have been updated.

The NLRB has also issued a significant decision that allows employees to use their work email system for non-business purposes, including union organizing and communications protected under the National Labor Relations Act, during nonworking time. Purple Communications, Inc. and Communications Workers of America, AFL-CIO, +2014 NLRB LEXIS 952 (N.L.R.B. Dec. 11, 2014). As a result of this decision, the Union Organization and Labor Relations and Employee Privacy sections of the Employment Law Manual have been updated.