Update: NLRB Delays Implementation of Final Election Rule Changes to July 31, 2020

Proskauer - Labor Relations
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Proskauer - Labor Relations

As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice requirements attendant to voluntary recognition; and 9(a) recognition in the construction industry).  The rule was expected to be effective as of May 1, 2020.

As a result of the ongoing national emergency caused by COVID-19, the NLRB announced on April 8, 2020 that the new effective date for the final rule is July 31, 2020 — an extension of 60 days.  The effective date of these new rules is important because one of the key changes from the original rule published in August 2019 and the final rule published earlier this month, is that the changes to the voluntary recognition requirements and 9(a) recognition in the construction industry apply only from the effective date and thereafter.  Unlike other NLRB rules and NLRB decisions that may apply to retroactively, the three final election rules will not.

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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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