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Total Articles: 82

How the NLRB's New Election Rules Impact Employers (Podcast)

The National Labor Relations Board has significantly sped up its longstanding union election procedures with its recent rules changes. Los Angeles management-side attorney Mark Theodore discusses the many ramifications for employers.

How Retailers Are Responding to the New "Ambush Election" Rules With Employee Engagement Strategies

On April 14, 2015, the National Labor Relations Board’s “ambush election” rules went into effect, making it easier for unions to organize in the retail setting and beyond.

The New Union Election Rules

On April 14, 2015, the National Labor Relations Board’s much anticipated Representation Case Procedures went into effect. Dubbed by many as “quickie” or “ambush” election rules, the new procedures include changes in the way a union election petition is to be filed, the information that must be submitted with the petition, the responsive information that must be provided by the employer, and the hearing procedures. Most important, however, is the new reality that once a petition is filed, elections will now be scheduled very quickly. It is anticipated that elections will be mandated by the Board approximately three weeks after a petition has been filed. The shortened time frame gives an employer a very limited amount of time prior to the vote to relay information to employees regarding the disadvantages of union representation, the union in question, and employee rights.

Quickie Election Procedures and Timeline Takes Effect on April 14, 2015

This is just a quick reminder that effective today all NLRB elections will be conducted under the new election rules. These rules call for substantially shorter election periods (from the time of the election petition until the actual voting), electronic notice provisions, union rights to employee email addresses and other contact information, and many other changes. The NLRB has published a good summary of the new rules in their fact sheet. Given these new rules, if your organization is worried about union activity or organization, you must act immediately upon notice of any organizing activity to make sure you have sufficient time to react and present your views and position to your employees. With elections now proceeding on 3 week time frames (from petition to voting) and with a significant amount of work to be done with the NLRB during that time, waiting until an election petition is received will no longer be an effective strategy.

Are You Ready? NLRB Ambush Election Rule Effective Today

Today, the National Labor Relation Board’s new “quickie” or “ambush” election rule takes effect and alters nearly every stage of the Board’s representation election procedures. Although legal challenges to the rule are pending in two federal district courts, for now, the rule is in effect and the NLRB will apply it to petitions filed today or any time thereafter.

Quickie elections, ASAP!

The National Labor Relations Board’s so-called “quickie election” rule, providing for expedited union votes, took effect yesterday.

NLRB's "Ambush Election" Rules Take Effect

As we previously reported, the National Labor Relations Board (NLRB, or Board) adopted a final rule amending its representation–case procedures that will shift the litigation of most disputes until after the election, speeding up elections and limiting the opportunity for an employer to run an effective campaign. Due to the condensed timeframe between receipt of a Notice of Petition from the NLRB and the date of an election, these amendments are referred to as the NLRB’s “ambush election” rules. Despite both houses of Congress voting overwhelmingly to block these amendments from taking effect, thanks to a presidential veto the NLRB ambush election rules take effect Tuesday, April 14, 2015.

NLRB's "Ambush Election" Rules Take Effect

As we previously reported, the National Labor Relations Board (NLRB, or Board) adopted a final rule amending its representation–case procedures that will shift the litigation of most disputes until after the election, speeding up elections and limiting the opportunity for an employer to run an effective campaign. Due to the condensed timeframe between receipt of a Notice of Petition from the NLRB and the date of an election, these amendments are referred to as the NLRB’s “ambush election” rules. Despite both houses of Congress voting overwhelmingly to block these amendments from taking effect, thanks to a presidential veto the NLRB ambush election rules take effect Tuesday, April 14, 2015.

No Reprieve for Employers: President Obama Vetoes Congressional Resolution Halting Implementation of NLRB's Ambush Election Rule

Executive Summary: The National Labor Relations Board (NLRB or the "Board") is now poised to implement its new "ambush election" procedures on April 14, 2015 after President Obama vetoed a Congressional resolution yesterday, which had overturned the Board's controversial final rule changing the way it administers union representation elections. As discussed in our December 12, 2014 Legal Alert, the NLRB's new rule dramatically shortens the time period between the filing of a petition for union representation and the holding of the election (from 40 days currently to as little as 15 days). The rule also substantially limits the opportunity for a pre-election evidentiary hearing on important issues such as the appropriate bargaining unit, supervisor determinations and individual voter eligibility.

Congress Has Spoken, Mr. President: No "Quickie" Union Elections

In the words of House Education and the Workforce Committee Chairman John Kline, R-MN, “Today, Congress voted to stop an unelected board of bureaucrats from trampling on the rights of America’s workers and job creators.”

Senate Votes to Block the NLRB’s “Ambush Elections” Final Rule

On March 4, 2015, by a vote of 53-46 the Senate passed joint resolution S.J. Res. 8 to halt the implementation of the NLRB’s Final Rule, adopted December 2014, regarding representation elections. Colloquially called the “Ambush Election” or “Quickie Election” rule, the Final Rule is scheduled to go into effect on April 14, 2015. The House’s Subcommittee on Health, Employment, Labor and Pensions held a hearing on related bill, H.J. Res. 29, on the same day as the Senate’s vote. It is likely that the Subcommittee will forward the House bill to the floor for a vote in the next several weeks. If H.J. Res. 29 passes, the joint resolution will be presented to President Obama for his signature or veto.

Senate Committee Hearing on NLRB's New Election Rule

The Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Lamar Alexander (R-TN) strongly condemned the National Labor Relations Board’s reissued “quickie” election rule for union representation elections, slated to take effect on April 14, 2015, at a recent HELP Committee hearing on the Board rule.

NEW FAST-TRACK UNION ELECTION PROCEDURES

The National Labor Relations Board is the federal agency responsible for administering the National Labor Relations Act, the law allowing unions to bargain collectively. The Board has issued new rules that will revamp union election procedures effective April 2015. The revisions are designed to accelerate the election process, which will make it easier for unions to prevail.

Prepare to be Ambushed

The quickie election or “ambush” rules that drastically reduce the time between the filing of the union representation petition and the election are now final and become effective April 14, 2015.

Employers Must Be Prepared for New NLRB Election Rules

The National Labor Relations Board (NLRB or Board) has adopted a final rule amending its representation-case procedures that will shift the litigation of most disputes until after the election, speeding up elections, and limiting the opportunity for an employer to run an effective campaign. The rule will take effect on April 14, 2015. This rule was approved by a vote of three in favor to two against: Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer voted to adopt the regulation while Board Members Philip A. Miscimarra and Harry I. Johnson III dissented, calling the new election rule “the Mount Everest of regulations: Massive in scale and unforgiving in its effect.”

Labor Board’s Quickie Election Rule Raises the Question: Who’s In Charge Here?

Are a company’s lead persons actually the company’s legal agents under the National Labor Relations Act?

Preparing for Labor Board’s Quickie Election Rule

On December 12, 2014, the National Labor Relations Board issued the so-called Quickie Election rule, designed to shorten the timeline for NLRB elections and minimize pre-election litigation. The rule is set to take effect on April 14, 2015.

NLRB ISSUES FINAL RULE ON "QUICKIE ELECTIONS": What Employers Can Expect, and How to Prepare

As we alerted you last week, on Monday the National Labor Relations Board published its long-awaited final rule on so-called "quickie" or "ambush" elections. The final rule is similar, but not identical, to a prior Board attempt in 2011. The new rule will take effect April 14, 2015, but employers will need to be prepared well before the effective date.

eLABORate: NLRB's New Election Rule

On December 12, 2014 the National Labor Relations Board issued a final rule, 29 CFR §§ 101, 102, 103, which expedites the union election process and makes it more difficult for employers to defend against an election. The new rule shortens the time between the petition and the election, limits pre-election litigation, and provides employees with broader access to resources to organize themselves, at the employer’s expense.

Fix for Unions’ Declining Membership? NLRB Issues Quickie Election Rule

A divided National Labor Relations Board (3-2) has issued its long-awaited final rule governing the conduct of representation elections, reducing the time between the filing of a representation petition and the election through procedural changes.

NLRB Implements New “Ambush Election” Rules

On December 12, 2014, the National Labor Relations Board (NLRB) implemented a final rule amending the agency’s representation-case procedures. The long-anticipated “ambush election” rules, which govern the procedures for union representation elections, go into effect on April 14, 2015. The new rules arguably constitute the most sweeping regulatory change ever implemented by the Board.

Fix for Unions’ Declining Membership? NLRB Issues Quickie Election Rule

A divided National Labor Relations Board (3-2) has issued its long-awaited final rule governing the conduct of representation elections, reducing the time between the filing of a representation petition and the election through procedural changes.

NLRB Finalizes Quickie Election Rules for April Implementation

The National Labor Relations Board (NLRB) has finally implemented its long awaited “quickie election” rules, which will speed up union elections while requiring employers to turn over personal email addresses and telephone numbers. A substantially identical rule was issued by the Board three years ago, only to be struck down by a federal judge for lack of a voting quorum. With all five confirmed NLRB members voting, the 733-page final rule passed by a narrow margin along party lines. It seems that the holidays have come early for unions this year. Slated to take effect on April 14, 2015, the new procedures will have a profound impact on union organizing tactics and representation elections.

NLRB Issues "Ambush Election" Rules—Union Elections Now Likely to Occur in Less than 21 Days

On December 12, 2014, the National Labor Relations Board (NLRB) implemented the long- anticipated “ambush election” rules, which govern the procedures for union representation elections. The new rules go into effect on April 14, 2015 and arguably constitute the most sweeping regulatory change ever implemented by the Board.

Employers Involved in Union Campaigns Must Remain Vigilant to Avoid Rerun Elections

Employer conduct during a union organizing drive is intensely scrutinized by the National Labor Relations Board (NLRB). Decisions issued by the current NLRB make clear that even minor violations occurring during the post-petition period may result in the nullification of an employer election victory. A recent case, Intertape Polymer Corp., 360 NLRB 114 (May 23, 2014), demonstrates that seemingly innocuous campaign conduct can have huge implications, even when employees vote overwhelmingly against union representation.

Ogletree Deakins’ Founding Shareholder Homer Deakins Presents Testimony to NLRB on Historic Election Rule Proposal

Over 50 speakers testified, some of them on multiple panels, during the National Labor Relations Board’s two-day public meeting on representation election (“R-Case”) procedures on April 10-11. The oral testimony was part of the notice of proposed rulemaking (NPRM) on the Board’s proposed revisions to its union representation election procedures, which employers refer to as the “ambush” election rules. The comment period for the rule expired on April 7, 2014.

NLRB Hearing Tomorrow on Election Rules

As previously discussed here, the NLRB recently announced that it is taking another shot at speeding up union elections.

NLRB Proposes Significant Overhaul of Rules Governing Union Elections

On February 5, 2014, the National Labor Relations Board (NLRB) announced its latest attempt to overhaul union election rules to make organizing faster and easier. The proposed rules are another attempt to push through changes that a federal court invalidated in May 2012 on procedural grounds.

Pro-Union “Quickie” Election Rule Returns

The “quickie election” or “ambush” election rule that would dramatically shorten the time period before a union representation election is held is back on the table. This rule was first introduced in 2011 by the National Labor Relations Board and struck down by the D.C. Circuit Court in 2012. This month, the newly-constituted Board issued a notice of proposed rulemaking reintroducing the rule as a way to “modernize” the election process, according to Board Chairman Mark Gaston Pearce.

Healthcare Legal Alert: The Full Quorum Strikes Back - NLRB's Ambush Election Rules Revived

Executive Summary: With a full quorum of Board members and a 3-to-2 political majority in the Democrats' favor, the National Labor Relations Board (NLRB) has resurrected proposed rule changes that would drastically affect future representation elections and hamstring an employer's ability to defend against a petitioning union.

The NLRB's New, Improved "Quickie Elections" Rule: What Employers Can Expect

On Tuesday, February 4, the National Labor Relations Board announced proposed rulemaking on Board elections, a second attempt at the so-called "quickie elections" rule. The proposed regulations, if they become effective, will have a substantial effect on the election process. Most significantly, the period between a petition and the election will be shortened, making it difficult for employers to communicate with employees about potentially relevant issues before the vote.

NLRB (Again) Proposes Fast-Track Election Rules

In news that is certain to reignite fierce debates between employer and union groups, the NLRB announced today that it will take another shot at speeding up union elections.

NLRB Reissues “Quickie Election” Rule; Makes No Substantive Changes from Original 2011 Proposal

Today, the National Labor Relations Board announced that it was reissuing its “quickie election” rule in a new Notice of Proposed Rule Making. The Board previously issued this proposed rule back in June 2011, and a final, slimmed-down version was later struck down by federal courts for procedural reasons. Most importantly for employers, though, today’s release explains that the new rule is not the scaled back version, but is in substance “identical to the representation procedure changes first proposed in June of 2011.” Both Republican members dissented from the reissuance of the proposed rule.

NLRB Reissues “Ambush Election” Rules On Steroids

Today, the National Labor Relations Board (NLRB) announced its intention to reissue a Notice of Proposed Rulemaking (NPRM) for what has become known as the “ambush election” rules governing the procedures for union representation elections. Thus, once again the NLRB will pursue rulemaking to bring about “quickie” union elections, reducing the time available for employers to help employees obtain the information they need to make an informed decision about unionization, and making union representation campaigns far easier for unions to win. The NLRB said the full NPRM would appear in the February 6, 2014 Federal Register.

Is an “Ambush” The Best Way for Unions to Win Representation Elections?

The U.S. Department of Labor’s Bureau of Labor Statistics recently published the latest official statistics on union membership for 2013. The figures demonstrate just how far unions must grow in order to reverse the decades-long decline in union density as a percentage of eligible private sector workers.

NLRB Formally Rescinds Quickie Election Rule, Still Assessing Next Move

On the heels of its decision earlier this month to abandon its previously enjoined notice posting rule, last week the National Labor Relations Board (NLRB) formally rescinded its “quickie election” rule that we have covered in the past. A federal district court in Washington, D.C. had previously struck down the rule and the D.C. Circuit had held the NLRB’s appeal in abeyance while the Supreme Court considered the Noel Canning case involving challenges to the Obama administration’s recess appointments to the Board. After the D.C. Circuit postponed its decision, the NLRB dropped its appeal of the case.

National Labor Relations Board Pauses from Election Rules Amendments

The National Labor Relations Board has rescinded its “quickie election” amendments to the NLRB’s representation case procedures adopted in December of 2011. The Board’s action, announced on January 22, 2014, follows the 2012 decisions of the U.S. District Court for the District of Columbia in Chamber of Commerce, et al. v. NLRB. The court decided the amended rule was invalid because the NLRB lacked a quorum (at least three members) when the change was made.

NLRB Bails on Notice Posting Rule; May Reconsider “Quickie Election” Rule?

Earlier this week, the National Labor Relations Board issued a statement that it would no longer pursue its appeal of two federal court decisions striking down its “notice posting” rule.

NLRB Still Contemplating “Quickie” Union Election Rules

On November 26, 2013, the National Labor Relations Board (NLRB) issued its semiannual regulatory agenda, which, tellingly, focused on one issue—the Board’s proposed changes to the rules that will speed up union representation elections. The Board’s “quickie” election rules are widely viewed as favorable to unions because under these rules, employers would have less time between the filing of the union’s petition and the employees’ vote.

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.

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

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 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. 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."

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.

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.

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 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 “Board”) 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.

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.

Quickie Election Resolution Adopted, Be Prepared

The National Labor Relations Board (“Board”) 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.

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).