December 30, 2014
By Neal Tepel
Washington, DC – Beginning April 14, 2015, a new NLRB regulation will take effect. An accelerated election process will benefit unions in the organizing process of unrepresented employees. The NLRB published the “Final Rule” on December 15, which significantly reduces the period between the filing of a petition for union representation and a union election.
The regulation changes require election petitions, notices, and voter lists to be filed electronically. This will result in elections to occur much quicker, likely in the course of several weeks. The quick turnaround will favor unions and hinder employer’s ability to stop an election.
Employers must now provide a list of prospective voters to both the NLRB and the union organizing their workers. This includes job classifications, shifts, and work locations. The current procedure does not require employee information be provided to the union until after an election . The existing procedure of delaying an election by an employer 25 to 30 days has been eliminated. Employers can no longer postpone a union election. In addition the NLRB will have discretion to deny review of a decision.
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