Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
On December 15, 2014, the National Labor Relations Board ("NLRB") published its long-anticipated Final Rule on "quickie elections." The Final Rule, which is scheduled to go into effect on April 14, 2015, significantly tilts the NLRB's election procedures in favor of unions.
Under the Final Rule, it will be easier for unions to organize unrepresented employees because a shorter period of time between a union's filing of a representation petition and the holding of an election makes it harder for employers to present their arguments against union representation. Through the Final Rule, the NLRB delivers the accelerated election process unions have been seeking for years.
Although the NLRB states in the Final Rule that it is "maintain[ing] the current practice of not setting either a maximum or minimum number of days between petition and election via its rules," the significant changes in the procedures used to process representation petitions may lead to elections being held in as few as 13 days from the filing of the petition. Furthermore, the NLRB attempts to distance itself from critics of quickie elections by saying that it is within its General Counsel's purview, not the NLRB's, to establish the time targets currently pressed by the Regional Directors throughout the country (with some Regions mandating elections in fewer than 35 days). In this vein, the NLRB states it "will continue to leave the matter within the General Counsel's discretion."
This article will analyze the Final Rule's significant changes to the representation procedures and describe steps employers may lawfully take in anticipation of the Final Rule's coming into effect next spring. Continue reading this article here.