Time For A Quickie? NLRB Re-Introduces Election Rules

The time between when the Union files its representation petition and the actual vote by employees will be drastically shortened from the current 42-day average to as few as 10 days. (Kevin Carr of Spilman Thomas & Battle)

If at first you don’t succeed, try, try again. And try again the National Labor Relations Board will.

When the NLRB formally withdrew union elections rules it issued in late 2011, known as the “ambush election” or “quickie election” regulations, experts writing on JD Supra predicted that we hadn’t heard the last on the issue.

It took the Board less than a month to prove them right. Attorney Doug Hass of Franczek Radelet:

“[T]he National Labor Relations Board announced that it was reissuing its ‘quickie election’ rule in a new Notice of Proposed Rule Making. The Board previously issued this proposed rule back in June 2011, and a final, slimmed-down version was later struck down by federal courts for procedural reasons. Most importantly for employers, though, today’s release explains that the new rule is not the scaled back version, but is in substance ‘identical to the representation procedure changes first proposed in June of 2011.’”

For your reference, a roundup of recent commentary on the new rules and what they mean for employers:

Also read:

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