NLRB Suspends Representation Elections through April 3, 2020 due to COVID-19 Pandemic

Proskauer - Labor Relations
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Proskauer - Labor Relations

The NLRB undertook the extraordinary but necessary step of postponing currently-scheduled elections to ensure the health and safety of its employees and the members of the public who are involved in the election process.  In recent days, the NLRB temporarily closed its Regional Offices in Cleveland and New Orleans, as well as Manhattan, Detroit and Chicago due to possible COVID-19 exposures, and announced an agency-wide telework policy through at least April 1, 2020.  Pursuant to the Board’s telework policy, the Agency’s Regional Offices will continue to handle incoming and outgoing mail, Agency employees will continue to perform work remotely, and Information Officer duties will be completed by telephone or electronic means.The NLRB announced today in a press release that “[d]ue to the extraordinary circumstances related to the COVID-19 pandemic,” all representation elections, including mail ballot elections, will be suspended for the next two weeks, through and including April 3, 2020.  This means that any representation elections previously scheduled from now through April 3, 2020 will be postponed until a future date that will be determined by the Regional Director upon consultation with the parties.  The NLRB noted that it is continuing to monitor this situation and will determine whether an additional extension may be necessary.

We will continue to keep you posted as new guidance is issued.

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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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