NLRB will seek to impose revised union election rules again soon

English: J. Warren Madden (left), Chair of the... English: J. Warren Madden (left), Chair of the National Labor Relations Board (NLRB), is shown going over testimony with Charles Fahy (right), General Counsel of the NLRB, and Nathan Witt, NLRB Executive Secretary, prior to testifying before the United States Senate Committee on Commerce on December 13, 1937, in Washington, D.C. (Photo credit: Wikipedia)

NLRB Rule-making to commence

All indications point to the likeliehood that the new, fully reconstituted National Labor Relations Board will attempt to implement new rules that would radically alter the current process for conducting union organizing elections.

During a speech at a recent American Bar Association conference, newly appointed Board member Kent Hirozawa, according to Bloomberg BNA, “confirmed that the NLRB continues to consider changes to its regulations on representation case procedures.”

Trey Kovaks of the Workplace Choice blog shared more on this in a recent post:

The nullified NLRB ambush election regulation would have changed union representation elections drastically. The Associated Builders and Contractors summarizes the changes that would occur if the ambush election rule was still in force:

  • Combining pre- and post-election appeals;
  • Truncating pre- and post-hearing procedures; and
  • Limiting the types of issues an employer can raise at a pre-election hearing. (Determining which employees are considered supervisors, and which employees constitute a potential bargaining “unit” are no longer permitted before the election takes place.)

Overall, the purpose of the ambush election rule is to limit the employers ability to communicate with its employees, prior to the union election, concerning the impact of unionization. In addition, to ease the path for unions to organize workplaces.

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