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NLRB Issues 'Commonsense' Union Election Rule

NLRB Issues 'Commonsense' Union Election Rule

The National Labor Relations Board (NLRB) today issued a proposed rule that would alleviate the delays, inefficiencies, abuse of process and unnecessary litigation that plague the current system for workers who want to vote on whether to have a union. AFL-CIO President Richard Trumka said:

When workers petition for an NLRB election, they should receive a timely opportunity to vote. But the current NLRB election process is riddled with delay and provides too many opportunities for employers to manipulate and drag out the process through costly and unnecessary litigation and deny workers a vote.

The new rule would:

  • Allow for electronic filing and transmission of election petitions and other documents;
  • Ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process;
  • Streamline pre- and post-election procedures to facilitate agreement and eliminate unnecessary litigation;
  • Include telephone numbers and email addresses in voter lists to enable parties to the election to be able to communicate with voters using modern technology; and
  • Consolidate all election-related appeals to the board into a single post-election appeals process.

NLRB Chairman Mark Pearce said:

Unnecessary delay and inefficiencies hurt both employees and employers. These proposals are intended to improve the process for all parties, in all cases, whether nonunion employees are seeking a union to represent them or unionized employees are seeking to decertify a union.

A similar election rule was issued in 2011 and due to go into effect in April of 2012. But the business community mounted a successful legal battle to block its implantation.

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