New NLRB union election rule in effect

Listen to this article

BOSTON, MA — New rules simplifying and speeding up the process for union organizing elections went into effect April 30.

The rules establish pre-election hearings to determine whether there is a “question of representation” to be resolved by an election, rather than allowing parties to raise issues at the hearing that are not relevant to that question.

The new rules also allow a hearing officer to decide whether to permit briefing depending on whether the case presents novel legal issues.

Parties also must file consolidated appeals rather than separate appeals to seek NLRB review of election issues.

The rules also narrow the circumstances in which parties may request special permission to appeal to the Board, and give the Board broader discretion to hear and decide pre- and post-election appeals.

The NLRB estimates that the changes affect pre- and post-election procedures in about 10 percent of disputes over the appropriateness of the voting unit, and are intended to reduce unnecessary litigation.

“The modest and sensible changes taking effect [will] provide efficiency and savings to all parties involved in the election process,” NLRB Chairman Mark Gaston Pearce said in a statement. “We will continue to examine our existing rules in order to ensure that the NLRB secret ballot election process is as fair and efficient as possible.”

But the rules have been the subject of staunch opposition from business groups and GOP lawmakers who say they are designed to rush union elections and impede employers’ ability to oppose them.

The NLRB has posted on its website flow sheets distinguishing the new representation case process from the old one, as well as Frequently Asked Questions on the new regulations.