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 βthe Mount Everest of regulations: Massive in scale and unforgiving in its effect.β
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