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.
“[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:
- NLRB Takes Another Run at “Quickie” Election Procedures – Peter Finch of Davis Wright Tremaine
- They’re BACK! NLRB Reissues Ambush Election Amendments to Union Election Procedures – Kevin Carr of Spilman Thomas & Battle
- NLRB Reissues “Quickie Election” Rule; Makes No Substantive Changes From Original 2011 Proposal – Doug Hass of Franczek Radelet
- NLRB Reissues “Ambush Election” Rules On Steroids – Harold Coxson and C. Thomas Davis of Ogletree Deakins
- It’s Back – NLRB’s Revives Quickie Election Rule That May Soon Be Here to Stay – Steven Bernstein of Fisher & Phillips
- The NLRB Takes Another Stab At Quickie Elections – Dan Handman of Hirschfeld Kraemer
- They’re Ba-ack: NLRB to Re-Propose Election Regulations – Ronald Meisburg of Proskauer
- NLRB Formally Rescinds Quickie Election Rule, Still Assessing Next Move – Doug Hass of Franczek Radelet
- NLRB Update: Notice Posting and Election Rule Changes Officially Dead – Charles Oxender at Miller Canfield
- NLRB Withdraws ‘Ambush Election’ Rules – Kelly Kindig and Mary Theresa Metzler at Ballard Spahr
Find more on the National Labor Relations Board at JD Supra Business Advisor>>