NLRB Proposes Significant Representation Election Changes That, If Finalized, Likely Will Aid Unionization Efforts


The National Labor Relations Board (“NLRB” or “Board”) has proposed a number of amendments to the representation election process that could significantly impact the potential unionization of companies throughout the United States. Specifically, on June 22, 2011, the NLRB published a Notice of Proposed Rulemaking in the Federal Register, proposing numerous and far-sweeping amendments to the existing rules and regulations governing representation elections. According to the Board, the amendments are intended to expedite representation-case procedures and “eliminate unnecessary litigation” concerning election-related issues. If finalized, the proposed rules likely would significantly alter the manner in which representation cases are administratively handled, as well as how an employer can respond to unionization efforts following the filing of an election petition.

As set forth in a fact sheet released by the Board, as well as the June 22, 2011 Federal Register (76 Fed. Reg. 36,812), the proposed amendments would...

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