NLRB Chairman Issues Proposed Resolution on Election Rules In Advance of Today’s NLRB Meeting

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As we have previously noted, the National Labor Relations Board (NLRB) has proposed to amend its rules and regulations governing the union election process. On November 18, the NLRB announced that it would consider whether to adopt portions of the proposed amendments at a meeting scheduled for today. The NLRB explained that it was moving forward on portions of the proposed rule in light of the possibility that it will lose a quorum when Member Becker’s recess appointment expires at the end of the current congressional session. These proceedings have given rise to a heated dispute among the NLRB, with both Member Hayes and Chairman Pearce publicly commenting about the draft rule and the rulemaking process.

In the midst of this dispute, yesterday Chairman Pearce issued a proposed resolution to be considered at today’s meeting. The resolution contains the following six procedural amendments from the original rulemaking proposal...

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