NLRB Reissues Rules to Expedite and Streamline Representation Elections


The National Labor Relations Board has moved quickly to reissue proposed representative election rules identical to the rules the board proposed in 2011.

Last month, the NLRB rescinded the original proposal, which had been struck down by a U.S. District Court judge because it had been passed without a board quorum. On February 6, 2014, the board, now with a full complement of Senate-approved members, reissued the same proposed rules, which won’t be subject to the same quorum challenge. 

Some major changes offered in the proposed amendments include:

  • Defer litigation of most voter eligibility issues until after the election
  • Require parties to identify issues and describe evidence soon after an election petition is filed to facilitate resolution and eliminate unnecessary litigation
  • Consolidate all election-related appeals to the NLRB into a single post-election appeals process and thereby eliminate delay in holding elections currently attributable to the possibility of pre-election appeals
  • Make board review of post-election decisions discretionary rather than mandatory.

Public comments concerning the proposed amendments will be accepted until April 7. The board is likely to hold a required formal public hearing that week. New challenges are expected amendments and, as always, we will keep you informed.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Miller Canfield | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.