In this issue: NLRB Publishes Final Rule Amending Election Case Procedures – Senator Promises Challenge To “Ambush Election Rule”; and NLRB Further Postpones Effective Date of Notice Posting Rule – Now April 30, 2012.

Excerpt from "NLRB Publishes...":

The National Labor Relations Board on December 22, 2011 published its final rule amending its representation case (i.e. “election”) procedures.

The final rule is due to take effect on April 30, 2012. The amendments represent a fundamental change in the Board’s election procedures. Most notably, the amendments remove any minimum time period (formerly 25 days) between the direction of an election and the election itself. Typically, this time period is most beneficial to employers, who use it to inform employees on the costs and other obligations of union representation, as well as reminding employees of the benefits of working in a union-free environment. The Board’s amendments allow Regional Directors the unfettered right to provide only a minimal time period (perhaps as little as 7 days or less) between the direction of election and the vote. Conscientious employers will develop proactive union-free labor relations messages and communicate with employees well before the first signs of union activity. Otherwise, an employer risks, under the final rule, being denied a sufficient opportunity, after the filing of an election petition, to persuade employees to vote against a union.