Major Changes to Rules Governing Union Elections in Effect
April 28, 2015
The National Labor Relations Board’s (NLRB) final rule governing the processing of representation petitions became effective Tuesday, April 14. The rule alters the majority of the Board’s representation election procedures and will significantly shorten the time between the filing of a certification petition and the conduct of an NLRB election.
Although legal challenges to the rule are pending in two federal district courts, for now, the rule is in effect and the NLRB will apply it to petitions filed after April 14.
Some of the key changes in the final NLRB election rule are the following:
- Requires all pre-election hearings to be set to begin within eight days after a hearing notice is issued.
- Mandates employers file a “Statement of Position” by noon on the day before the hearing begins. The Statement of Position must include a list of prospective voters with their names, job classifications, work shifts and work locations.
- Requires an employer to provide, within two business days of the election agreement or decision directing an election, employee personal telephone numbers and personal email addresses.
The NLRB has provided details on the rule on its website and the NLRB’s General Counsel has issued guidance on implementation of the rule at http://www.nlrb.gov/reports-guidance/general-counsel-memos.