Total Articles: 43
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.
Legal Alert: Board Publishes Ambush Election Rule
Executive Summary: The National Labor Relations Board (NLRB) has published its final rule amending its election procedures, which will ultimately result in a shorter time period between the filing of an election petition and the date of the election. These new "ambush election rules" will give Big Labor what it wants – quicker elections that deny employers a meaningful opportunity to educate employees on the risks and disadvantages of union representation.
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.
GIVE 'EM AN INCH (part Deux): NLRB Issues Final Election Rule
On December 21, 2011, the National Labor Relations Board (NLRB or Board) gave an early Christmas gift to organized labor and a big lump of coal to America's job creators when it issued its "Ambush Election Rule," as Senator Mike Enzi (R-Wyo) has aptly named the rule. As expected, the rule implements the resolution passed by the NLRB on November 30, 2011.
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 “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 Changes to Speed Up Election Process
Executive Summary: The National Labor Relations Board (NLRB) has announced that it will approve six amendments to the NRLB election process, which will ultimately result in a shorter time period between the filing of an election petition and the date of the election. With union membership in the U.S. private sector at an all-time low of 6.9%, this action by the Board majority is an attempt to give Big Labor what it wants: quicker elections so employers are denied a meaningful opportunity to educate employees on the risks and disadvantages of union representation. Companies can expect unions to seek to take advantage of these new election processes.
Give 'Em an Inch: NLRB Passes Election Resolution
On November 30, 2011, the National Labor Relations Board (NLRB or Board) took another step in the Board's effort to aid organized labor in union election/representation cases. The Board passed a resolution consisting of six procedural amendments that, according to NLRB Chairman Mark Pearce, will reduce "unnecessary litigation" in election cases before the Board which will, in turn, speed up union elections in some cases. A final Rule must still be published and voted on by the Board before any of the amendments become law.
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.
NLRB Approves Significant Changes to Representation Election Procedures
In June 2011, the National Labor Relations Board
issued a Notice of Proposed Rulemaking that
sought to signifi cantly change the procedures for
representation elections under the National Labor
Relations Act. The purpose of the Proposed
Rulemaking was to limit the time that an employer
has to express its views to employees regarding
unionization during a campaign. The NLRB held
two days of hearings in July 2011 regarding the
proposed rule and received over 65,000 written
comments.
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.
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.
NLRB Proposes Significant Overhaul of Rules Governing Union Campaigns
Today, the NLRB proposed a significant overhaul to its existing rules governing union representation elections. If implemented, the rules would impact employers by giving them less time to campaign and by giving unions significantly more information about employees, including personal telephone numbers and e-mail addresses. The changes also would limit challenges and postpone the resolution of disputes regarding who can vote. All of these changes will impact how employers run campaigns and how unions organize employees. The NLRB will expedite consideration of the new rules and accept comments only for the next 60 days. The NLRB is expected to issue final rules later this year.
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 states 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 states voters to require the right to vote by secret ballot in all union elections. Solomons 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.
Board Finds "Shame On" Banners Do Not Violate NLRA.
The National Labor Relations Board (NLRB) recently issued a decision that confirms speculation that the newly reconstituted Board will be inclined to issue more pro-labor rulings. In Carpenters & Joiners of Am. (Eliason & Knuth of Ariz. Inc.), 335 N.L.R.B. No. 159 (2010), the Board held that a union did not violate the National Labor Relations Act's (NLRA)'s prohibition on secondary boycotts by displaying "shame on" banners attacking neutral employers who were doing business with companies with whom the union had a labor dispute. In finding that the display of stationary banners does not violate the Act, the Board held that the language of the Act and its legislative history "do not suggest that Congress intended Section 8(b)(4)(ii)(B) to prohibit the peaceful stationary display of a banner."
National Labor Relations Board Submits Request for Information on Possible Implementation of Off-Site Voting in Representation Elections.
On June 9, 2010, the National Labor Relations Board (NLRB) issued a request for information (RFI) through the federal government's procurement website, in which the NLRB announced that it "is seeking industry solutions regarding the capacity, availability, methodology and interest of industry sources for procuring and implementing secure electronic voting services both for remote and on-site elections." (You can find the RFI in its entirety here.) More specifically, the NLRB has listed its requirements as "the acquisition of electronic voting services to support conducting secret-ballot elections to determine representation issues." The RFI goes on to note that the NLRB requires "a proven solution that supports mail, telephone, web-based and/or on-site electronic voting." Significantly, the NLRB has placed the deadline for responses to the RFI on June 29, 2010. This appears to indicate that the NLRB seeks to move quickly on this matter if it receives the information it is seeking.
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. Thats 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.
Distribution of Altered Sample Ballot Not Objectionable if Boards Newly Revised Sample Ballot is Used.
The National Labor Relations Board (NLRB) recently announced that it will not set aside a representation election based on a partys distribution of an altered sample ballot, provided the altered ballot is an actual reproduction of the Boards recently revised sample ballot, which includes newly added disclaimer language. See Ryder Memorial Hospital, 351 NLRB No. 26 (September 28, 2007). In Ryder, the Board announced that it has revised the sample ballot included with a Notice of Election to include a disclaimer stating: The National Labor Relations Board does not endorse any choice in this election. Any markings that you may see on any sample ballot have not been put there by the National Labor Relations Board.
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).
Legal Alert: NMB Finalizes Internet Voting Procedures.
On September 14, 2007, the National Mediation Board (NMB) published its final rules regarding its previously announced intent to introduce Internet Voting in elections overseen by the agency. Effective October 1, 2007, employees in such elections will have the option of voting either by the Telephone Electronic Voting (TEV) system currently in use or via the Internet.
Maintaining Valid No-Solicitation and No-Distribution Policies.
Employers frequently implement no-solicitation and no-distribution of literature policies to help control the workplace and prohibit employees from promoting non-job related causes during work time. These policies also are effective tools for fighting union-organizing campaigns. The National Labor Relations Act governs these policies for all union and non-union employers.
NLRBs Crown Jewel Tarnished, But Election Results Stand (pdf).
During a break in voting, the unions observer asked the
National Labor Relations Board agent conducting the
election why companies dont like unions. The Board agent
said, 'Companies dont like unions because they cannot fire
or hire anyone, and they cannot take benefits from the staff.'
