NLRB Adopts New Union Election Rules

Author: Ashley Shaw, XpertHR Legal Editor

December 18, 2014

The National Labor Relations Board (NLRB) has adopted a final rule that amends its union representation election procedures by shortening the timeframe in which an election is held. The rule will go into effect on April 14, 2015. The NLRB claims that this rule change will have an impact on union organizing tactics and representation elections by modernizing and streamlining the process used to resolve representation disputes. However, the changes will greatly shorten the timeframe in which a representative election is held and will also impose additional burdens on employers.

The new rule is aimed at simplifying the procedures used and bringing them up-to-date with modern technology. As such, the changes will allow all of the following:

  • Electronic filing of petitions and other documents;
  • Consolidation of election-related appeals to the Board in a single process; and
  • Best practices and uniform procedures across regions.

What this means for an employer, though, can be seen in the following:

  • The NLRB will set pre-election hearings eight days after the hearing notice is served.
  • The 25-30 day stay to review the decision of a regional director will be eliminated.
  • Employers will be required to include available personal email addresses and phone numbers of employees on the election voter list.

Non-petitioning parties (typically the employer) will have to file a Statement of Position due the business day before the pre-election hearing.

Areas that will remain the same include:

  • Providing parties with the opportunity to provide oral arguments before the hearing closes; and
  • Giving the Board the right to deny a review of regional director post-election rulings, at its discretion.

A similar rule change was created three years ago, but was struck down by a federal judge because of the Board's lack of a voting quorum. The NLRB has provided a fact sheet for an employer to use to find out more information on the new rule, including a comparison sheet detailing differences between the current and amended procedures.