Total Articles: 61
Oral Argument on Board’s “Quickie Election” Rule Delayed
The D.C. Circuit Court has decided, on its own motion, to delay oral argument on the National Labor Relations Board’s (“Board”) “quickie election rule,” a rule approved at the end of 2011, that speeds up the time between the filing of a petition for an election and the election itself.
Setback to NLRB Quickie Election Rule Seen as Appeals Court Halts Argument Set in Employer Challenge
The National Labor Relations Board may be facing further disappointment over its 2011 rule to speed up representation elections when the federal Court of Appeals in Washington, DC, next renders an order in a legal challenge to the controversial measure. Chamber of Commerce v. NLRB, No. 12-5250 (D.C. Cir. Feb. 19, 2013). The U.S. Court of Appeals for the District of Columbia Circuit, on its own motion, on February 19 removed the case from the oral argument calendar for early April and directed it be held in abeyance pending further order of the Court, following the Court’s consideration of its opinion and judgment in Noel Canning v. NLRB, No. 12-1115 (D.C. Cir. Jan. 25, 2013).
NLRB Overturns Longstanding Precedent and Rules That a Dues Check Off Provision Survives Contract Expiration
Overruling approximately 50 years of its own precedent, the National Labor Relations Board has decided that a union dues check off provision in a collective bargaining agreement will survive expiration of the agreement. The Board held 3-1 in WKCY-TV, Inc., that the check off provision is part of the status quo terms and conditions of employment that must be maintained by an employer until agreement or impasse in bargaining with a union, unless the parties to the agreement "clearly and unmistakably" agree otherwise. The WKCY decision overrules the 1962 case of Bethelehem Steel, which the Board had followed since 1962 and through the administrations of 10 presidents of both parties. The Board in WKCY held that its new rule would not be applied retroactively to pending cases, but would be applied prospectively.
NLRB “Quickie Election” Rule Still Invalid for Lack of Board Quorum, Federal Court Says
A federal district court in Washington, D.C., again has ruled, in response to the NLRB’s motion to alter or amend the judgment, allegedly based on new evidence, that the National Labor Relations Board “quickie election” rule that went into effect on April 30, 2012, is invalid because only two members of the Board, instead of the three needed to make up a quorum, participated in the final vote to pass it.
Federal Court Rejects NLRB's Attempt to Reverse Ruling on Election Rule
On Friday the U.S. District Court for the District of Columbia denied the National Labor Relations Board’s motion to reconsider the court’s May 14 finding that that the Board’s expedited representation election rule was invalid due to lack of a statutorily-mandated quorum when the Board approved the rule in December 2011. A year earlier, the U.S. Supreme Court held in New Process Steel that the Board must act with at least three sitting members to exercise its full authority. In the case at hand, the D.C. federal court agreed with arguments made by the U.S. Chamber of Commerce and Coalition for a Democratic Workplace that the agency did not have the authority to adopt the election rule, as only two members – Chairman Mark Gaston Pearce and former member Craig Becker – actually cast votes in the rule’s favor. Member Brian Hayes had voted against an earlier version of the rule and declined to participate in the December vote.
COURT STRIKES DOWN NLRB’S NEW UNION ELECTION RULES
In previous Compliance Matters, we discussed the NLRB's new election rules, which took effect April 30, 2012, and the Memorandum issued by the NLRB's General Counsel to advise the Board's Regional Offices on implementing them. Those rules are now on hold because a federal judge in Washington, D.C. ruled on May 14 that the Board did not have the three-member quorum required to adopt the rules because one member did not participate in the vote.
NLRB’s “Quickie Elections” Rule Struck Down – But For How Long?
The National Labor Relations Board is not having much luck in court lately. Less than a month after a federal court blocked implementation of the NLRB’s mandatory workplace posting rule, Judge James E. Boasberg (an Obama appointee) of the United States District Court for the District of Columbia ruled that the “quickie elections” rule is invalid because it was promulgated without a quorum of NLRB members.
Hold On, Mr. President! Not So Fast With Those Quickie Elections
The "quickie elections" rule of the National Labor Relations Board, which took effect on April 30, is on hold after a federal court ruled Monday that the Board lacked a quorum and had not effectively promulgated the rule.
Federal Judge Invalidates NLRB Union Election Rule
At our Annual Employment Law Seminar, we discussed the NLRB's adoption of its so-called "quickie-election" rules, which were adopted in December 2011, following the Obama Administration's failure to obtain passage of the "Employee Free Choice Act," a statute designed to promote union organizing by providing for fast elections when a union files a petition for certification.
NLRB Suspends New Union Election Rules
The NLRB's new union election rules are temporarily suspended
NLRB Suspends New Election Case Procedures Rule in Response to Court Ruling
In a prior Alert dated December 28, 2011, we reported that the National Labor Relations Board (the "NLRB" or the "Board") had adopted a controversial new rule amending its election case procedures. The new rule took effect on April 30, 2012. The changes encompassed by the rule have been of significant concern to employers, since they threaten to significantly shorten the average election period, from the current median of 38 days to only about 21 days. Critics say that the new rule is designed to foster "ambush elections" that will put employers at a disadvantage in the campaign process and will deprive employees of gaining a full understanding of the facts before an election.
U.S. District Court Invalidates NLRB's Controversial Final Rule Adopted Without Required Quorum
On May 14, 2012, the U.S. District Court for the District of Columbia set aside a controversial final rule of the National Labor Relations Board ("NLRB") that was designed to make it easier for unions to hold organizing elections. Chamber of Commerce of the United States of America, et al. v. NLRB, Case No. 11-02262 (D.D.C. May 14, 2012). The District Court invalidated the rule "because no quorum ever existed for the pivotal vote in question." The final rule would "amend[] the procedures for determining whether a majority of employees wish to be represented by a labor organization for purposes of collective bargaining." The plaintiffs sought to enjoin the NLRB from enforcing the final rule that was purportedly adopted electronically on December 16, 2011 by a quorum, asserting in relevant part that the signatures of two members did not constitute a quorum necessary to promulgate a final rule.
Court Strikes Down NLRB "Quickie Election" Rule
On May 14, 2012, the U.S. Chamber of Commerce and the Coalition for a Democratic Workforce dealt yet another blow to the National Labor Relations Board, securing summary judgment in their challenge of the NLRB's expedited-election rule. In striking down the rule, the U.S. District Court for the District of Columbia declined to rule on the merits of the case, choosing instead to focus upon the absence of a lawful quorum at the time of the rule's passage.
D.C. Federal District Court Overturns NLRB Quickie Election Rule; Leaves Questions for Employers May 15, 2012
Yesterday, the U.S. District Court for the District of Columbia issued a ruling on the U.S. Chamber of Commerce’s challenge to the National Labor Relations Board’s (NLRB) quickie election rule that technically took effect on April 30. District Judge James E. Boasberg handed the NLRB its second major defeat in the past two weeks. Holding that “the quorum requirement…is no trifle,” he ruled that the NLRB failed to approve the quickie election rule with a quorum, and that the new rule was therefore invalid.
NLRB “Quickie Election” Rule Invalid for Lack of Board Quorum, Federal Court Rules
The National Labor Relations Board “quickie election” rule that went into effect on April 30, 2012, is invalid because only two members of the Board, instead of the three needed to make up a Board quorum, participated in the final vote to pass it, a federal district court has ruled. Chamber of Commerce v. NLRB, No. 11-2262 (D. D.C. May 14, 2012). The rule, which the Board rushed to finalize at the end of 2011 (before losing one of its then-three remaining members), eliminates certain pre-election rights of employees and employers, shortening the time before a representation election takes place.
NLRB Suspends Implementation of New Representation Election Rule
In light of yesterday’s federal court decision finding that the NLRB lacked a quorum necessary to issue the controversial new representation election rule, the Board has decided to suspend the rule’s implementation. The Board’s Acting General Counsel has similarly withdrawn guidance released last month governing the representation case procedure changes, which had taken effect on April 30, 2012.
NLRB Enjoined, Again
Earlier it was the NLRB's posting regulations, see post here, which were enjoined. Today it's the regulations regarding the conduct of elections (sometimes referred to as the ambush election rule) which was the subject matter of yet another injunction.
D.C. Federal Court Finds NLRB Election Rule Invalid for Lack of a Quorum
In a long-awaited ruling, the U.S. District Court for the District of Columbia has found the National Labor Relations Board’s expedited representation election rule invalid because the Board lacked a quorum when it issued the rule in December 2011. Specifically, the court in Chamber of Commerce v. NLRB (pdf) determined that because only two of the three sitting Board members actually cast a vote to adopt the rule – Member Brian Hayes had voted against an earlier version of the rule but declined to participate in the final vote – the agency did not have the authority to act under the U.S. Supreme Court decision New Process Steel. The federal court opinion explained:
D.C. Court Invalidates "Ambush Election" Rule
On May 14, 2012, in Chamber of Commerce et al v. NLRB, District Judge James E. Boasberg of the U.S. District Court for the District of Columbia enjoined the National Labor Relations Board's (NLRB) representation case rules (commonly referred to as the "quickie election" or "ambush election" rules) because of a lack of a quorum of three Members acting on the final rule. Citing the U.S. Supreme Court’s decision in New Process Steel, the court noted that: "At the end of the day, while the Court's decision may seem unduly technical, the quorum requirement, as the Supreme Court has made clear, is no trifle."
Pick Up the Pace: New NLRB Regulations Force Employers to Respond More Quickly to Election Petitions
When the National Labor Relations Board adopted a new rule in December 2011 modifying certain NLRB election procedures, there was substantial speculation about how these changes would be implemented and their practical effect. With the changes applicable to cases filed after April 30, 2012, the NLRB's Acting General Counsel, Lafe Solomon, has issued a lengthy General Counsel's Memorandum (GC 12-04) designed to provide detailed guidance to the NLRB's Regional Directors, who are responsible for implementing the new rule.
NLRB Quickie Election Rule Now In Effect
On April 28, 2012, a federal judge with the U.S. District Court for the District of Columbia cleared the way for the National Labor Relations Board's expedited-election rule. It is effective today, Monday, April 30th.
D.C. District Court Refuses to Temporarily Enjoin NLRB’s Quickie Elections Rule; Will Rule by May 15, Prior to Any Elections
The National Labor Relations Board’s controversial new regulation designed to streamline and shorten the union representation election process goes into effect today. The U.S. Chamber of Commerce, the Coalition for a Democratic Workplace, and affiliated business groups failed over the weekend to secure a temporary injunction preventing the Board from implementing the rule beginning today.
Acting General Counsel Releases Guidelines on "Quickie Election" Rules Effective Monday, April 30
In a memorandum released today to all National Labor Relations Board (NLRB) Regional Directors, the Board's Acting General Counsel Lafe Solomon outlined the new procedures governing "quickie election" procedures that, barring a last minute court ruling, will go into effect on Monday, April 30. The new election rules will shorten the time between the filing of an NLRB representation petition and the conduct of a union representation election. We covered these rules in detail when the Board announced them controversially back in December 2011.
NLRB General Counsel Issues Guidance on Representation Election Rule
The National Labor Relations Board’s Acting General Counsel Lafe Solomon has released guidance on the “quickie election” final rule scheduled to take effect on April 30, 2012. The final rule (76 Fed. Reg. 80138) eliminates certain pre-election rights of employees and employers, which shortens the time before a representation election takes place. The guidance (Memorandum GC 12-04) details how the NLRB regional offices will implement the new representation case procedures. The GC also released Frequently Asked Questions on the new procedures.
NLRB Issues Guidance on New Election Rule
In anticipation of the April 30, 2012 implementation date for the new National Labor Relations Board representation election rule, the Board’s Office of the General Counsel has issued guidance (pdf) on the representation case procedure changes. The Board has also released a set of frequently asked questions (FAQs) on the impact of the new election procedures. As discussed in the Board guidance, the new election rule makes the following changes to existing practices:
New NLRB Election Rule under Fire in Congress and Courts
With the National Labor Relations Board’s “quickie election” final rule scheduled to take effect on April 30, 2012, Senator Mike Enzi (R-WY), Ranking Member of the Senate Committee on Health, Education, Labor and Pensions (HELP) introduced S. J. Res. 36 under the Congressional Review Act, seeking to prevent the rule’s implementation. The CRA allows Congress, with the concurrence of the President, to disapprove and void regulations issued by federal executive departments and independent agencies. However, the Joint Resolution failed in the Senate on April 24.
Senate Defeats Resolution to Block NLRB Election Rule
A measure designed to prevent the National Labor Relations Board’s new election rule from taking effect next Monday was defeated in the Senate. On Tuesday the Senate voted 45-54 in favor of a motion to proceed to a vote on S. J. Res. 36, a resolution disapproving of the Board’s rule that expedites and makes other dramatic changes to the representation election process. At least 60 votes were needed to allow the resolution to proceed to a vote. The vote was largely along party lines, with no Democrats supporting the resolution and Senator Lisa Murkowski (R-AK) the only Republican to vote against the measure.
UNDERSTANDING THE NEW NLRB ELECTION PROCEDURES
The National Labor Relations Board is once again flexing its muscles to the detriment of the nation's employers. On December 21, 2011, the Board issued its final rule amending its union election procedures; it becomes effective April 30, 2012. The Board intends the new rule to "reduce unnecessary litigation and delays."
NLRB Begins Plans for Enforcing New Election Regulations
Controversial National Labor Relations Board regulations that will dramatically change union representation election procedures are slated to take effect on April 30, 2012. In anticipation of this event, Board regional offices have been stepping up their internal training efforts and preparing outreach programs to explain the new regulations to the public.
House and Senate Introduce Resolutions Condemning NLRB Election Rule
On February 16, 2012, Republican members of both the House and Senate introduced resolutions (H.J. Res. 103; S.J. Res. 36) formally disapproving of the National Labor Relations Board’s recent final rule that dramatically changes representation election procedures.
NLRB Chairman Says He Will Push For Additional Election Rule Changes
In keeping with information published as part of the National Labor Relations Board’s unified agenda for the coming year, Board Chairman Mark Gaston Pearce told the Associated Press that he intends to push for additional sweeping changes to the union representation election process that would make it easier for unions to organize.
FAA Deal Reached on NMB's Rulemaking, Changes Certain Election Procedures
Last Friday leaders of the House and Senate reportedly came to an agreement on the terms of the Federal Aviation Administration (FAA) reauthorization bill concerning how the National Mediation Board (NMB) will conduct representation elections and issue new rules. The NMB is the independent agency that oversees union representation, collective bargaining, and dispute resolution matters in the rail and airline industries.
Senator Threatens to Defeat NLRB's Election Rule
The same day the National Labor Relations Board (NLRB) released its final rule that radically alters union representation election procedures, Senator Mike Enzi (R-WY), Ranking Member on the Senate Health, Education, Labor and Pensions (HELP) Committee, announced his intention to challenge the rule under the Congressional Review Act (CRA). Pursuant to this law, the House or Senate can introduce a joint resolution of disapproval to prevent an agency from enforcing a rule.
NLRB Publishes Final Rule Changing Election Procedures
The NLRB announced that it has adopted a final rule, effective April 30, 2012, amending its election case procedures. The rule will be published in the Federal Register on December 22. A lawsuit seeking to block implementation of the rule has already been filed by the U.S. Chamber of Commerce in federal court in the District of Columbia.
NLRB To Issue Scaled-Back Changes to Rules Governing Union Elections; Changes Expected to Lead to Quicker Elections
In June 2011, the National Labor Relations Board (NLRB) proposed new rules governing union elections under the National Labor Relations Act. The NLRB's proposed changes to its election procedures drew a tsunami of comments from the labor and business communities and led to a nasty public disagreement among NLRB members. Today, the NLRB announced that it will issue a scaled-down version of the hotly debated changes to its union election rules. The NLRB will officially publish the final version of the rules tomorrow and they will become effective on April 30, 2012.
Quickie Election Rule Finalized Before Year End
As predicted, the National Labor Relations Board (the “NLRB†or “Boardâ€) has published a final rule amending its union election process. The “quickie election†rule, which the Board rushed to finalize before losing one of its three remaining members at the end of the year, will significantly change the process for contesting petitions for union elections and limit an employer's opportunities to challenge the process before an election is held. It is scheduled to take effect on April 30, 2012.
NLRB Votes To Change Representation Election Proceedings
On November 30, 2011, the National Labor Relations Board (NLRB) voted 2-1 in favor of revising representation election proceedings by adopting a number of the changes included in its proposed rule, which was published in the June 22nd issue of the Federal Register. The adopted rule revises the process for union representation elections, shortening the time from the filing of the election petition until the actual vote is held and thereby making it easier for unions to win elections and more difficult for employers to communicate with employees prior to the vote.
NLRB Moving Forward With New Election Rules
A union organizer's dream would consist of a "quickie" election in a gerrymandered unit comprised mostly of card signers. Having established such a beachhead, the union could then engage in an ongoing game of dominos, with one company department after another falling in line. In a recent decision (Specialty Healthcare) and a proposed rule change, the Democratic majority of the National Labor Relations Board (NLRB) has signaled its intention to fulfill the organizers' dream.
Two-Member NLRB Majority Adopts Unprecedented Resolution to Move Forward With Subset of Election Rule Amendments
In an unprecedented development, and by a 2-1 vote, the National Labor Relations Board on November 30, 2011, approved a resolution to prepare a final rule adopting a subset of the controversial election rule amendments the Board published for comment in June 2011. The two-member majority was made up of Chairman Mark Pearce and Member Craig Becker, both of whom come from union backgrounds. The Board's lone Republican, Member Brian Hayes, voted against the resolution, criticizing the proposed amendments and the process by which they had been vetted as fundamentally flawed.
NLRB Approves Resolution to Move Forward on "Quickie" Elections
This week, the National Labor Relations Board approved a Resolution to move forward with some earlier-proposed changes of rules for union representation election procedures. According to Board Chairman Mark Gaston Pearce (D), the proposed changes are designed to streamline the election hearing and appeal procedures and speed up the election process, a result that would effectively shorten the time period for employers to communicate with employees in representation election campaigns and permit elections to go forward in bargaining units that could be dramatically affected by post-election appeals. Chairman Pearce and Member Craig Becker (D), whose recess appointment will end when the current session of Congress ends later this year, voted in favor of the Resolution, and Member Brian Hayes (R) voted against it. The NLRB promises to post a video recording of the meeting, but it was not posted as we went to press.
NLRB Votes to Change Union Election Procedures
On November 30, 2011, the National Labor Relations Board (NLRB) approved a resolution that will both dramatically speed up the union election process as well as prevent employers from challenging certain aspects of union elections until after the election has taken place.
Quickie Election Resolution Adopted, Be Prepared
The National Labor Relations Board (“Boardâ€) held a hearing about Chairman Mark Gaston Pearce’s proposed Resolution adopting an amended version of the pending “Quickie Election†Rule on November 30th. By a 2-1 margin (with Republican Member Brian Hayes voting against the Resolution), the Board approved the Chairman’s proposed Resolution in its entirety.
NLRB Chairman Issues Proposed Resolution on Election Rules In Advance of Today’s NLRB Meeting
As we have previously noted, the National Labor Relations Board (NLRB) has proposed to amend its rules and regulations governing the union election process. On November 18, the NLRB announced that it would consider whether to adopt portions of the proposed amendments at a meeting scheduled for today. The NLRB explained that it was moving forward on portions of the proposed rule in light of the possibility that it will lose a quorum when Member Becker’s recess appointment expires at the end of the current congressional session. These proceedings have given rise to a heated dispute among the NLRB, with both Member Hayes and Chairman Pearce publicly commenting about the draft rule and the rulemaking process.
NLRB Votes To Change Representation Election Proceedings
On November 30, 2011, the National Labor Relations Board (NLRB) voted 2-1 in favor of changing representation election proceedings by adopting a number of the changes included in its proposed rule, which was published in the June 22nd issue of the Federal Register. The adopted rule revises the process for union representation elections, shortening the time from the filing of the election petition until the actual vote is held and thereby making it easier for unions to win elections and more difficult for employers to communicate with employees prior to the vote.
NLRB Quickie Elections Coming Quickly?
The National Labor Relations Board has announced it will vote on proposed amendments to the agency's union representation election procedures—known as the "Quickie Election" rule—on November 30, 2011. The Board’s Notice of Proposed Rulemaking regarding the “quickie election†rule, published this past June, includes significant potential changes to the current union election process.
NLRB Vote on Portions of Proposed Election Rule Imminent
The National Labor Relations Board has announced that on November 30, 2011, it will vote on a portion of its controversial proposed rule that would dramatically change representation election proceedings. Among other significant revisions to the long-standing election process, the rule would require that pre-election hearings be held within seven calendar days after a petition is filed; postpone voter eligibility determinations until after the election; require employers to complete their statement of position before evidence is heard at a pre-election hearing; and require employers to provide the union with a preliminary voter list before the pre-election hearing. The Board stated that at the November 30 meeting the three remaining members will decide whether to adopt “a small number†of these proposed changes, although which ones were not specified.
Election Results Set Aside Based on Union-Funded Lawsuit
The Board has announced a new approach to the question of whether the filing of a lawsuit to redress unlawful employment practices, when financed by a union prior to a representation election, interferes with a fair election. Specifically, in Stericycle, Inc., 357 NLRB No. 53, the Board held that a union engages in objectionable conduct warranting a second election when it finances a lawsuit filed during the narrow time period – known as the “critical period†– between the date of the filing of the representation petition and the date of the election, if the lawsuit asserts claims under federal or state wage and hour laws, or other similar employment laws on behalf of employees in the unit. The Stericycle decision overrules prior Board standards for determining whether union-sponsored lawsuits filed during the critical period will taint election results.
Elections in the Fast Lane: The NLRB's New Rule for Union Organizing
The National Labor Relations Board (NLRB) on June 21, 2011, proposed a new rule to speed-up union elections. The notice of proposed rulemaking was published in the Federal Register on June 22, 2011 and the public has 60 days to comment.
As NLRB Member Brian Hayes' dissent provides, the proposed changes would amount to a union-friendly "quickie election" option in which elections would be held in 10 to 21 days after the petition's filing. "Make no mistake, the principal purpose for this radical manipulation of our election process is to minimize, or rather, to effectively eviscerate an employer's legitimate opportunity to express its views about collective bargaining," Hayes said in his dissent.
The importance of shortening the amount of time between a petition and election stems from the perception that employers can use that period to get their perspective across to their employees. A quicker election would result in less time for a company to communicate its message to employees as to why unions are not in the employees' best interests, to tell employees its story, and to help employees understand the importance of the election.
We believe that the NLRB, under President Barack Obama, will make union-friendly changes, either through the rule-making process or by reversing precedent. Among the changes proposed by the NLRB are allowing for the electronic filing of petitions and other documents, having NLRB regional directors set pre-election hearings seven days after a hearing notice is served and post-election hearings 14 days after ballots are tallied, and deferring litigation of most voter eligibility issues until after the election.
The proposed amendments would also consolidate all election-related appeals to the board into a single post-election appeals process and make board review of post-election decisions discretionary, not mandatory, according to the NLRB.
Get ready for union organizing because this rule is probable and likely will energize the unions to reverse the current trend of losing union members. Further, with the recent changes to public sector unions, organized labor might see the private sector as a means of survival.
For guidance on these and other employment or labor law issues, contact Krukowski & Costello, S.C.'s educational services department at (414) 988-8400.
Comments to NLRB’s Proposal to Amend Union Elections Procedures
The National Labor Relations Board on July 18 and July 19 heard public comments on its proposed amendments to its union representation election procedures. Harold R. Weinrich, a partner in the Washington, D.C. Region office of Jackson Lewis LLP, spoke on behalf of the Atlantic Legal Foundation at the meeting. A copy of Mr. Weinrich’s presentation is available here.
NLRB Proposes "Quickie" Union Elections
On Tuesday, the National Labor Relations Board proposed new rules that would significantly shorten the time between the filing of a petition for a union election and the election date. Under current rules, 95 percent of all initial elections are conducted within 56 days of the filing of the petition. In fact, in 2010, initial elections were conducted in a median time of 38 days from the filing of the petition.
NLRB’s Proposed Rules Will Accelerate The Union Election Process
The NLRB intends to significantly accelerate the union election process, according to the proposed rules published today in the Federal Register. Most importantly, the proposed rules will shorten by more than half the time between the filing of an election petition and the election itself. Currently, the NLRB conducts union elections an average of 31 days after a petition is filed. Under the proposed rules, employers should expect the NLRB to conduct elections within 10 to 21 days after a petition is filed.
Labor Agencies Double-Team Business Community with Onerous Rules
The National Labor Relations Board (NLRB) and U.S. Department of Labor (DOL) have proposed new rules that shorten union election deadlines and expand reporting requirements. The proposed rules are designed to limit employer free speech with employees prior to a union representation election. Below are the key points regarding both rules.
Two Newly Proposed Agency Rules Threaten to Hamper Employer Communications before Union Elections
The National Labor Relations Board has formally issued proposed rule changes that, if adopted, will drastically expedite the union election process. The employer community has anticipated the NLRB’s move to seek to expedite the representation election process. At recent Congressional hearings, Chairman Wilma Liebman hinted that such action was under active consideration.
Union Representation Elections On The Rise
Recently released statistics indicate that the number of representation elections conducted by the National Labor Relations Board (NLRB) in 2010 increased substantially from the previous year. The number of elections held increased from 1,321 in 2009 to 1,666 last year. Unions won 1,126 of those elections in 2010, an increase from 908 wins the prior year.
NLRB Authorizes Lawsuits against Four States Requiring Secret Ballots in Union Elections
The Acting General Counsel of the National Labor Relations Board, Lafe E. Solomon, has notified the attorneys general in four states — Arizona, South Carolina, South Dakota, and Utah — that the Board had authorized him to file lawsuits in federal court seeking to enjoin the attorneys general from enforcing each state’s recently passed state constitutional amendment governing the method by which employees choose union representation. The Acting General Counsel is taking the unprecedented move of demanding that the four attorneys general agree to ignore the decision by their state’s voters to require the right to vote by secret ballot in all union elections. Solomon’s January 13, 2011, letters are just the latest Board initiative in its continuing effort to change the national labor policy.
UAW Issues “Principles for Fair Union Elections”.
On January 3, 2011, the United Autoworkers (UAW) issued a set of “Principles for Fair Union Elections” as it prepares to launch an organizing campaign targeting employees who work at foreign-owned auto manufacturing plants in the United States. Realizing that the Employee Free Choice Act (EFCA) is not likely to become law anytime soon, the UAW developed the principles in an attempt to coerce these employers into agreeing to concessions that will make union organizing easier in much the same way that EFCA would have.
Is the NLRB Preparing to Conduct Elections in Five to Ten Days?
In a recent speech at Suffolk University Law School, National Labor Relations Board Member Mark Gaston Pearce commented that his agency needs to make the time getting to an election "as brief as possible." Of particular interest to Mr. Pearce was the election system used in Canada which gets employee voters to the polls in just five to ten days and puts off issues of voter eligibility until after the vote.
Employer Cannot Withdraw Recognition of Union During Protected Certification Year.
The 9th U.S. Circuit Court of appeals has held a Washington state medical center in violation of federal labor law for withdrawing recognition of a union during a protected certification period.
Union Win Rate in NLRB Elections Increases Substantially.
Unions won 67 percent of NLRB elections held in the first half of 2008. That’s up from 59 percent during the corresponding period in 2007.
Hospitality Industry: Box Score (Union Elections)
August and September saw a big spike in union petitions at hospitality employers. Here are 17 we are aware of, all filed in the same two-month period.
NLRB Dramatically Changes Rules Regarding Union Recognition.
In a decision that overturns more than 40 years of precedent, the National Labor Relations Board announced yesterday that the "recognition bar," which precludes a decertification election for 12 months after an employer recognizes a union, does not apply when that recognition is voluntary, based on a card check. Dana Corp.; Metaldyne Corp. 351 NLRB No. 28 (2007).