Last week, the National Labor Relations Board (“NLRB” or “Board”) reintroduced proposed regulations that would expedite union elections. If finalized, the regulations, which were published in the Federal Register last Thursday for public comment, would make union organization a much easier, quicker and simpler process.
This is the Board’s second attempt to introduce these proposed regulations, which would not only shorten the amount of time between the filing of a petition with the Board requesting an election and the holding of the election, but also would delay certain legal challenges until after the election. In December of 2011, similar regulations were adopted by the Board, but these were overturned by a D.C. federal district court in May of 2012, after the judge determined that one of the Board members did not participate in the official vote to approve the new rules. This meant that a quorum of the Board did not exist at the time the prior regulations were adopted. The NLRB initially appealed the D.C. federal district court’s decision, but then decided to voluntarily withdraw the adopted rules -- until reintroducing them last week.
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