New NLRB Election Procedures

The NLRB has issued a new rule to “streamline” the election process.  Basically, Employers have fewer rights to combat union organizational attempts because the process of getting to election day comes much sooner than under existing law.  A comparison between existing law and the procedures to be followed under the new rule, are attached.

Significant among the changes:

  1. The Employer must identify any issues it has with the union’s petition, in advance of hearing.  Unit eligibility issues may be deferred to the post-election stage by the Region.  This may cause a problem when the placement issue is the status of an individual as a supervisor or employee.
  1. Post-hearing briefs will be allowed only if approved by the Regional Director.
  1. The Excelsior List must be provided sooner than under current law and must include personal phone numbers and e-mail addresses of employees.The rights of employees to be free of unwanted union telephone solicitations, was not addressed.

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