NLRB Again Extends Time For Comment On "Quickie Election" Rule

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More leisure time to talk about quickie elections.

The National Labor Relations Board announced today that it is again extending the time for interested parties to respond to its December 14, 2017, Request for Information regarding the Board's 2014 Election Rule, more popularly known as the "quickie election rule."

The new deadline is Wednesday, April 18. The original submission deadline was February 12, which was later extended to March 19 (next Monday).

The Request for Information was approved in a brief window of time when Republicans on the Board outnumbered Democrats 3 to 2. Since then-Chairman Philip Miscimarra stepped down in December, the Board has been evenly split. Republican nominee John Ring is awaiting a Senate vote on confirmation.

The Board seeks comment on the following:

1. Should the rule be retained without changes?

2. Should the rule be retained but modified, and if so, what modifications should be made?

3. Should the rule be rescinded? If so, should the prior rule be reinstated, either "as was" or with changes? If the prior rule should be reinstated with changes, what changes should be made?

The NLRB has posted the 1,460 comments received so far.

As I said in February, employers should speak now or forever continue to face representation elections on the uneven playing field the "quickie" rules create.

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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