In late December, the National Labor Relations Board (“NLRB”) 2023 Election Rule will take effect, expediting the timeline for processing representation election cases. The 2023 Election Rule removes certain changes implemented by the Trump-era 2019 Election Rule, in many instances reverting back to the quicker 2014 Election Rule timeline. Under the new rule, the time between petition filing to election to resolution of post-election litigation is extremely truncated, making it that much harder for employers to educate their workers on the downsides of union representation. Below are the most relevant changes.

Employers are reminded that, under Cemex Construction Materials Pacific, LLC, when a union requests recognition on the basis that a majority of employees in an appropriate bargaining unit have designated the union as their representative, an employer must either recognize and bargain with the union or promptly file an RM petition seeking an election. Employers are well advised to immediately contact experienced labor counsel when their workforce begins to organize—the timelines are much faster than one might imagine!