• NLRB Accelerates Timeline for Union Elections with New Rule
  • March 25, 2015 | Authors: John J. Buckley; George C. Hlavac
  • Law Firm: Norris McLaughlin & Marcus, P.A. A Professional Corporation - Allentown Office
  • The National Labor Relations Board (“NLRB”) recently published its highly-anticipated final rule governing procedures for union representation elections. The new “quickie” or “ambush” rule, which is scheduled to take effect on April 14, 2015, increases the burdens borne by employers leading up to an election, limits employers’ ability to challenge voter eligibility until after an election, and drastically reduces the timeframe between the filing of an election petition and the election from six (6) to eight (8) weeks to three (3) in most cases.

    The following are major provisions of the new rule that employers should be aware of:

    • An employer must post and electronically distribute a Notice of Petition for Election within two (2) business days of being served by the Board. Failure to do so will constitute grounds to set aside an election.
    • A pre-election hearing, which is limited to whether the petitioned-for bargaining unit is appropriate, will be held eight (8) days from service of the Notice of Hearing.
    • The employer must file its Statement of Position regarding the appropriateness of the petitioned-for unit by noon of the day before the pre-election hearing. If the employer does not raise a particular issue in its Statement, it cannot do so at the hearing.
    • Along with the Statement of Position, the employer must provide an Initial Employee List with the names, work location(s), shift(s), and job classification(s) of employees in the petitioned-for unit and those that it seeks to add or remove from the unit.
    • Questions of an employee’s eligibility to vote or inclusion in a unit, once properly raised at a pre-election hearing, are now left to the post-election challenge procedure.
    • An employer no longer has the right to file a post-hearing brief.
    • An employer must provide an Excelsior list with all eligible voters to the NLRB and the union within two (2) business days of receiving the Decision and Direction of Election (“DDE”). The Excelsior list must now include employees’ personal cell and home telephone numbers and personal e-mail addresses, if available.
      Following the issuance of the DDE, employers can no longer automatically obtain a stay of the election pending an appeal to the NLRB.
    • A party filing post-election Objections must do so within seven (7) days of the tally of ballots; evidence in support must now be filed simultaneously as well.
    • A party no longer has the right to obtain Board review of a Regional Director’s post-election decisions.