NLRB Announces Rules Expediting Union Elections

NLRB Announces Rules Expediting Union Elections Unionization has just gotten easier. Are you prepared?

3. Accelerating the eventual election to be held the “earliest date practicable.” 4. Expediting the employer’s requirement to provide the union with its list of employees eligible to vote in the election as well as expanding the employee information required to include, among other things, the employees’ personal phone numbers and personal email known to the employer. The new rule’s end results will be union elections that happen MUCH faster (in as little as 2-3 weeks, rather than the typical 8 week period), giving employers less opportunity to educate their employees about unionization, while providing unions with more tools to quickly access employees to convey their message. Employers seeking to avoid union representation should therefore not wait until an election petition is filed before it educates its employees on the advantages of remaining union-free.

The National Labor Relations Board (NLRB) recently adopted a “Final Rule” on “Representation-Case Procedures,” set to go in effect on April 14, 2015, which contains a number of rule changes designed to expedite the union election process. In enacting what has been referred to as “Ambush” or “Quickie” election rules, the NLRB greatly enhanced the prospect of unionization, particularly for unwary employers, who do not act quickly after an election petition has been filed. Expedited procedures worth highlighting, include: 1. Advancing the pre-election hearing date – where, among other things, issues over the scope of and appropriateness of the proposed bargaining unit are decided – to eight days after a notice of hearing is served. 2. Requiring the employer to prepare and file a comprehensive position statement, a day before the hearing, identifying all the issues its wants to litigate before the election.

Now more than ever, an employer that learns of potential union organizing efforts-even before an election petition- should immediately contact counsel to develop a strategy for how to timely and appropriately respond, given these expedited procedures. Employers should devote time to train management and supervisors to spot early signs of union organizing. About the Author: Kellis M. Borek is the Vice President, Labor & Legal Services and General Counsel for Archbright. She assists Archbright members with labor negotiations, as well as with compliance with state and federal employment laws. She provides advice, counsel, and training in all aspects regarding employment and labor law including: wage and hour, leave laws, discrimination, labor arbitrations, and compliance. Kellis is a veteran attorney of more than 28 years. Previously, she was in private practice in Seattle where she specialized in business and employment law, and successfully represented employers before state and federal regulatory agencies and courts. She has also served as an arbitrator in King County, handling personal injury and insurance disputes, and is licensed to practice in Washington, Idaho, and federal courts. Kellis earned her B.A. fromWashington State University and her J.D. from Seattle University. | 206.329.1120 | © Archbright. All rights reserved.

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