NLRB Issues Final Election Rule

The National Labor Relations Board (NLRB) made final the Elections Rule which had previously been released. In February, the NLRB released a Notice of Proposed Rulemaking (NPRM) containing proposed changes to the rules governing union representation elections. The proposed rule is substantively similar, if not identical, to the original “ambush” election rule issued by the Board in June 2011.

The original ambush election rule significantly alters the entire union representation election process by limiting employer’s due process rights to effectively shorten the time between when the union petitions for election and the Board conducts the election. Right now, the median time between petition and election is 38 days. Under the rule, the time frame could be as short as 10 days. The shorter the election, the less time employers and employees have to communicate about the general disadvantages of unions or about a specific union attempting to organize the workplace. Thus, the original ambush rule alters businesses’ free speech and due process rights, while also greatly limiting worker access to information needed to make an informed choice about union representation.

The rule infringes on the privacy rights of employees and the free speech rights of employers – and takes away what workers expect when they have to make these important decisions – a reasonable amount of time.

TRSA and the Coalition for a Democratic Workforce are exploring options to combat the rule, including the possibility of court action.