In Fastest Elections, Union Victory Rate Soars

Jackson Lewis P.C.
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Unions fare better in the quickest elections under the National Labor Relations Board’s April 2015 “quickie” election rules, according to a Bloomberg BNA report. Unions have continued to win elections about 67 percent of the time overall since the implementation of the rules, according to the report. However, two years after the rules went into effect, in the fastest elections (i.e., those with less than two weeks between petition and the vote), the union “win rate” jumps to a staggering 82 percent.

The NLRB’s amendments to its election procedures have significantly reduced the average time between the filing of a representation petition by a union and the date of the election, from 39 days to 24 days, according to the report.

While advocates for management and labor disagree as to the intent and overall effect of the rules, the data makes clear unions fare better when employers have less time to discuss the possible effects of unionization with their employees. As the average time between petition and election falls, it is more important than ever for employers to educate supervisors about their rights and responsibilities in the event of a union organizing attempt and to create an environment where employees feel well-treated and therefore see no need for union representation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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