On February 5, 2013, the National Labor Relations Board (NLRB) announced that it was again issuing amendments to its rules and regulations for the conduct of representation elections. The new rules are virtually the same as those initially proposed by the NLRB in June 2011, which the United States District Court for the District of Columbia enjoined from being implemented because the Board did not have a quorum when the rules were voted upon.
According to NLRB Chairman Mark Gaston Pearce, the amendments would modernize the representation case process. He further stated his belief that the amendments as proposed in June 2011 continue to “best frame the issues,” though noting that no final decision had been made pending public comment. The NLRB touts that its proposed amendments would...
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