The National Labor Relations Board (“Board” or “NLRB”) has issued a final rule revising union representation case procedures to unions’ advantage. As anticipated, the final rule is nearly identical to proposed rules issued in February 2014 and in June 2011. The rule is published in the Dec. 15, 2014, issue of the Federal Register and is due to take effect on April 14, 2015. AGC and AGC-supported coalitions opposed the rulemaking and are exploring efforts to block implementation. The rule – often called the “quickie election” or “ambush election” rule – expedites the process in cases where a union files a petition for an election to become the exclusive collective bargaining representative of a unit of workers. Among the numerous changes rendered, the rule:
- shortens the time between the union’s filing of the petition for an election and the holding of any pre-election hearing;
- limits issues to be litigated at a pre-election hearing to questions concerning the appropriateness of the unit and defers disputes over voter eligibility until after the election;
- requires employers to file position statements on a variety of issues before a hearing;
- expands the information that employers must give unions to include e-mail addresses and telephone numbers; and
- renders post-election review by the Board discretionary.