Thirteen Days and Counting: New NLRB Election Rules Go Into Effect on April 14

Authored by David P. Frenzia

Apr 01, 2015

In a previous blog, we provided information about the National Labor Relation Board’s (“Board”) recently issued Final Rule on Representation—Case Procedures. The Final Rule makes significant changes to the Board’s election procedures that will inevitably result in union organizing elections being conducted in as few as 13 days from the filing of a petition. Although Congress enacted a resolution to halt the implementation of the Final Rule, President Obama vetoed the Congressional resolution yesterday, green-lighting the Board’s plan. An override of the President’s veto is unlikely because it is believed supporters of the resolution in Senate do not have the votes necessary for a two-thirds majority override.

Employers should not expect an eleventh hour reprieve from the courts before the Board’s new NLRB election procedures become effective either. Although lawsuits challenging the rules have been filed in two federal courts (Texas and the District of Columbia), as of today, neither court has acted to halt the Board’s planned implementation on April 14.

The time to act is now! Employers should assess their vulnerability to union organizing and take proactive steps to address any issues that might prevent them from maintaining a union-free workplace. Front-line supervisors and managers should be thoroughly trained to both recognize the signs of union organizing and lawfully respond to union organizing attempts.

If you would like more information on union avoidance training or other measures you can take to prepare in advance of these new rules, please contact the author of this blog, David P. Frenzia, R. Michael Lowenbaum, Corey L. Franklin, D. Michael Linihan, Robert S. SeigelWhitney P. Cooney, Jamie M. Westbrook, or Ashley A. Diaz. We work with employers every day to respond to the Board’s recent efforts to create an environment prime for union organizing.

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