By Stephen H. Jordan - September 3rd, 2024
The National Labor Relations Board (NLRB) has issued a Final Rule which reverses several anti-union changes to union election procedures adopted by the Trump Administration. The “Trump procedures” overturned streamlined prior union election procedures adopted by the Board under the Obama administration. The aim of the new Rule is to, once again, provide an expeditious process by which workers can vote to have a labor organization represent their interests. Highlights of the new Rule are as follows:
- Hearings on pre-election issues will be scheduled approximately 10 days sooner than under the prior Rule.
- Regional Directors will be accorded greater discretion to postpone pre-election hearings.
- Once a Petition for an election is filed, the non-moving party must file a written response. The new Rule requires the response to be filed 3 days sooner than under the prior Rule.
- Once a Petition for an election is filed, the employer must post a notice of same, which notifies the employees of the Petition. The new Rule requires the posting 3 days sooner than under the prior Rule.
- Only issues of whether an election should be scheduled at all are to be litigated in a pre-hearing session. Typical issues over items such as voter eligibility are to be deferred until the post-election stage.
- Oral arguments are to be permitted at the close of a pre-hearing session. Written briefs will be permitted only if the hearing officer, or Regional Director, determines that briefs are necessary.
- Regional Directors will now set forth all election details at the time he/she issues a decision and direction of election saving time in the scheduling of the election.
- Regional Directors are to schedule elections for “the earliest date practicable” after issuance of a decision and direction of election, eliminating the 20-day waiting period under the prior Rule.
As is evident from the changes in union election procedures under the NLRB from Obama to Trump to Biden, employees who are interested in union representation are not only voting for President in national elections, but also, indirectly, are voting for NLRB members who either support making it easier to organize and join unions or oppose this.