Podcast Features New NLRB 'Quick' Election Rules

Hosted by: David Weisenfeld

The National Labor Relations Board's new election rules took effect April 14, 2015 and they are already having a big impact on employers. That's why these changes are the focus of this XpertHR podcast with Los Angeles management-side employment attorney Mark Theodore of Proskauer Rose.

Most notably, the NLRB has significantly shortened the time needed to hold a union election. Theodore notes that there used to be six weeks from the time of filing a union certification petition to an election. However, the new time frame is now in the two-week range.

Podcast Features New NLRB 'Quick' Election Rules

May 8, 2015

Theodore says this will have a "huge practical difference" by increasing the chances of a union winning an election. He explains, "Less time to hold an election simply means less time for an employer to communicate with its employees about the risks of unionization." Theodore adds that the NLRB's new rule attacks the cornerstone of the labor-management process for many decades: an exchange of information.

During the podcast, Theodore says there has been a great deal of debate within the HR realm about when an employer should raise the issue of union organizing. For instance, he points out that some companies take a proactive approach while others avoid the topic altogether until they absolutely must.

The Los Angeles attorney offers a host of insights for how employers should proceed, including a discussion of what supervisors can and cannot say.