In 2008 and 2009, employers played a critical role in defeating the Employee Free Choice Act. Now, employers need to quickly step up again and voice their opposition to the National Labor Relations Board's recently proposed changes to the rules regarding the Board's election process. Comments from employers and other interested parties in response to the proposed rule changes must be submitted no later than August 22.

The NLRB's proposed new rule for "quickie" union elections and other changes could dramatically tilt the playing field in favor of unions. As we discussed in a recent Client Bulletin, NLRB elections could be held within 10 to 21 days after the union files a petition with the NLRB.

In addition to quick elections, the NLRB's proposed rule changes would require employers to electronically provide the NLRB and the union the following information about employees: names, addresses, email addresses, telephone numbers, job classifications, work locations, and shifts. This is significantly more information than employers must currently provide to the NLRB and unions. An employer's failure to timely provide the information would be grounds for setting aside the election if the union does not win the election.