Quick Union Elections May be on Their Way.

Big change in Labor law.  On February 5, 2014, the National Labor Relations Board announced today that it is issuing proposed amendments to its existing rules and regulations governing representation-case procedures.   https://tinyurl.com/k8v592y

What is significant about these proposed amendment is that it allows for quick elections.    The pre-election processes in union representation cases will be expedited.   Currently companies can oppose union drive with  regimented communications with their employees regarding the union election and can file petitions regarding the election. This process can take a long time.  The proposed amendment to the labor rules would change the existing procedures by narrowing the types of issues to be determined in the pre-election process and precluding pre-election review of regional NLRB office decisions in most cases.  Union elections will be held in a much shorter time frame.

The reforms the Board will propose would:

  • allow for electronic filing and transmission of election petitions and other documents;
  • ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process;
  • streamline pre- and post-election procedures to facilitate agreement and eliminate unnecessary litigation;
  • include telephone numbers and email addresses in voter lists to enable parties to the election to be able to communicate with voters using modern technology; and
  • consolidate all election-related appeals to the Board into a single post-election appeals process

These are significant changes to labor laws and how union elections will take place. Labor attorneys will have a new set of rules when it comes to union elections.  According to labor laws, the NLRB must first solicit comments from the public before it can finalizing these amendments to the rules.  The deadline for submission of comments is April 7, 2014.  At that time, the NLRB will hold a public hearing on the proposed amendments and either revise them or adopt them.  Labor lawyers and business groups will most likely voice their opinion during this public comment period. This will mark a significant departure in labor law because it will allow quick union elections.  This is a union friendly change in labor law.

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