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NLRB Quickie Election Rule will not be Halted During Litigation, DC Judge Rules

A federal judge in the District of Columbia refused to enjoin the implementation of the National Labor Relations Board's new expedited election rule while the lawsuit to revoke the rule is pending.

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.

Employers Between a Rock and a Hard Place: Another Puzzling "Status Quo" Case Decided On Other Grounds

The National Labor Relations Board (Board) recently decided a case previously remanded back to it by the District of Columbia Circuit Court of Appeals. The Board’s decision in Arc Bridges, Inc., 362 NLRB No. 56, March 31, 2015, circumvents a now common problem for employers by relying on individual facts of union animus, but the underlying problem presented in Arc Bridges still lingers.

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.

House and Senate Lawmakers Introduce Last-Ditch Legislative Efforts to Thwart NLRB Election Rule

On the day the National Labor Relations Board's contentious "ambush" election rule took effect, members of the House and Senate introduced bills to preserve elements of the previous and long-standing representation election process.

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 Provides Insight into Recent Developments at Symposium

Executive Summary: On April 10, 2015, Emory University School of Law and the Emory Law Journal presented a symposium, sponsored by FordHarrison, focused on the National Labor Relations Board (NLRB) and its recent decisions and actions. The event was held to coincide with the 80th anniversary of the passage of the National Labor Relations Act (NLRA) in 1935.