NLRB formalizes proposed union representation election rule changes

Source: National Labor Relations Board; CP staff

A Notice of Proposed Rulemaking outlines amendments to existing NLRB rules and regulations governing procedures in representation cases. If adopted after a public notice-and-comment process, Board Members contend, the changes would:

  • Allow for electronic filing of election petitions and other documents.
  • Ensure that employees, employers and unions receive and exchange timely information to understand and participate in the process.
  • Standardize timeframes for parties to resolve or litigate issues before and after elections.
  • Require parties to identify issues and describe evidence soon after an election petition is filed to facilitate resolution and eliminate unnecessary litigation.
  • Defer litigation of most voter eligibility issues until after the election.
  • Require employers to provide a final voter list in electronic form soon after the scheduling of an election.
  • Consolidate all election-related appeals to the Board into a single post-election process, eliminating delay in holding elections currently attributable to the possibility of pre-election appeals.
  • Make Board review of post-election decisions discretionary rather than mandatory.

A 60-day public comment period opened June 22, upon the proposed rule changes’ publishing in the Federal Register. Comments can be submitted here.

The NLRB will have an open meeting on the proposed amendments July 18 at its Washington, D.C., headquarters; requests to present comments or attend can be directed, by July 1, to [email protected].