On December 13, 2019, the National Labor Relations Board (“Board”) issued a new Final Rule amending its procedures for union elections and scaling back the Obama–era “quickie election” rules. To be clear, the Final Rule does not completely rescind the 2014 amendments to the Board’s election rules, but it makes fundamental changes to increase due process for all parties involved. As discussed below, the Final Rule amplifies the election timeline by giving employers additional time to comply with pre-election requirements, and clarifies the procedure for litigating and resolving unit scope and voter eligibility issues prior to a union election. The Final Rule is expected to become effective on April 16, 2020.
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