NLRB Issues its "Ambush" Election Rule

As expected, the National Labor Relations Board released its much-anticipated final rule amending union representation and election procedures.  The rule is scheduled to be formally published in the Federal Register on December 15, and therefore take effect on April 14, 2015.

Among other changes, the rule will: 

  • allow electronic filing and transmission of election petitions
  • require additional contact information – including email addresses and phone numbers –  to be included in voter lists
  • require that such voter lists be provided within two business days of the regional director’s approval of an election agreement or decision directing an election
  • direct the employer to provide a list of prospective voters with their job classifications, shifts and work locations to the NLRB’s regional office and the union prior to the pre-election hearing
  • delay determinations of voter eligibility issues until after the election is held
  • require parties to identify all disputed issues in the Statement of Position prior to the pre-election hearing
  • set a pre-election hearing eight days after a hearing notice is served and a post-election hearing 14 days after the filing of objections
  • eliminate the 25-30 day stay of an election after one is ordered. 

Continue reading this entry at Littler's Workplace Policy Update.

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.