NLRB Adopts Rule to Speed Union Elections by Limiting Pre-Election Hearing Protections

The NLRB has adopted a rule change that will streamline union elections. The rule change, which goes into effect in April, 2012 effectively eliminates an important procedural due process mechanism for employers – the ability to contest who is eligible to vote prior to the election. The NLRB now says that the eligibility question can be resolved post-election. Under the new rule, pre-election hearings will be limited to whether or not an election should occur, i.e. whether the union has made a showing of interest. The new rule also speeds up the timetable for the actual election, thus curtailing the employers ability to effectively communicate with its employees over this important workplace issue. Once the union gathers enough signatures for an election for unit of employers the union deems appropriate, there will be an election in a very short time period.

The U.S. Chamber of Commerce immediately filed suit to enjoin the new rule from taking effect. Contact Jonathan Greenbaum, at jg@coburngreenbaum.com for more information.