NLRB’s Proposed Rules Will Accelerate The Union Election Process

Franczek P.C.
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The NLRB intends to significantly accelerate the union election process, according to the proposed rules published today in the Federal Register. Most importantly, the proposed rules will shorten by more than half the time between the filing of an election petition and the election itself. Currently, the NLRB conducts union elections an average of 31 days after a petition is filed. Under the proposed rules, employers should expect the NLRB to conduct elections within 10 to 21 days after a petition is filed.

The reduced time period is not explicitly contained in the proposed rules, but is the likely result of a combination of several rule changes, including the following:

• Pre-election hearings will be held within 7 days after an election petition is filed. Under current practice, regional offices often conduct pre-election hearings within 14 days after a petition is filed, although the practice varies by region.

• Employers will be required to identify all issues before the pre-election hearing and make an offer of proof in support of its position regarding the issues raised. The practical result of this change in procedure may be to reduce the number of issues to be resolved at the hearing and shorten the time it takes to resolve them.

Please see full publication below for more information.

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