The National Labor Relations Board (“NLRB”)  has issued a Notice of Proposed Rulemaking (“NPRM”) inviting public comment on a proposed rule that would rescind and replace an April 2020 rule which currently governs: 1) the filing and processing of petitions for a Board-conducted representation election while unfair labor practice charges are pending; and 2) the filing and processing of petitions following an employer’s voluntary recognition of a union as the majority-supported collective bargaining representative. The Board also proposes to rescind a rule governing the filing and processing of petitions for a Board-conducted representation election in the construction industry.

The effect of the proposed rule would be to return the law in the areas above to that which existed prior to the adoption of the April, 2020 rule. This specifically means the following:

1. Return to the Board’s long-established “blocking charge” policy. Under the policy, Regional Directors may delay the processing of petitions for elections to decertify incumbent unions once they file unfair labor practice charges involving alleged interference with employee free choice in an election.
2. Eliminate the required notice-and-election procedure triggered by an employer’s voluntary recognition of a union based on a showing of majority support among employees.
3. Restore Staunton Fuel & Material, 335 NLRB 717 (2001), and a six-month limitations period for election petitions challenging a construction employer’s voluntary recognition of a union under Section 9(a) of the Act.

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