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NLRB Revives Quickie Election Rule

 A new federal rule requiring quicker union elections will take effect on Dec. 26. The National Labor Relations Board (NLRB) issued the final rule on Aug. 24 to shorten the union election time frame that was established four years ago. The new rule requires union elections to be held at "the earliest date practicable." It eliminates a 20-day waiting period incorporated in the previous rule.
NLRB Establishes Faster Time Frame for Union Elections
SHRM | Dec 2023

NLRB Mandates Speedier Union Elections
SHRM | Aug 2023

Effective date:  12/26/23
Text of the measure.

Nonunionized Workplaces May Also be Covered

Employers in nonunionized organizations—especially small businesses—often are surprised to learn they may be subject to U.S. labor relations laws. Employers that are unaware they may be covered by labor laws even though they have nonunionized employees are at great risk of violating those laws. It is critical for human resource professionals to have an understanding of the fundamentals of federal labor relations laws as they apply to the nonunionized workplace.
Complying with U.S. Labor Relations Laws in Non-Union Settings
SHRM Toolkit

Law Firm Articles

Elections To Be Held "Earliest Date Practicable" – 8 Calendar Days Is Goal: This eliminates the existing 20-day period between the direction of an election and the election itself, which was one of the key hallmarks of the Trump-era rule. Among other things, this period has advanced the needs of due process by extending sufficient time to all stakeholders (including employers and organized labor) for purposes of contemplating the filing of a Request for Review of the Region's determination regarding scope of the voting-eligible bargaining unit before the ballots are cast.
The Return of Quickie Union Elections: Top 10 Things Employers Need to Know About Labor Board's Broad New Rule
Fisher Phillips | Aug 2023

Under the new framework, if a union demands recognition based upon claimed support from a majority of employees (generally, using signed cards), an employer that refuses to recognize the union will violate the National Labor Relations Act, unless the employer "promptly" files a petition with the Board requesting an election "to test the union's majority status or the appropriateness of the unit."
Labor Board Issues New Election Rules and Makes It Easier for Workers to Unionize Without a Vote
Jackson Lewis | Aug 2023

The non-petitioning party's (aka, the employer) Statement of Position responding to the petition is another focus of change. Generally speaking, it will be due seven calendar days after the service of the Notice of Hearing, consistent with the shortened timeline for the opening of the pre-election hearing. Relatedly, the petitioning party will no longer be required to respond to that statement of position in writing in advance of the hearing. Now, the petitioner need only respond to the statement of position orally at the start of the pre-election hearing.
"Ambush" or "Quickie" Elections Are Back in Full: NLRB Issues Union-Friendly Elections Regulation
Seyfarth | Aug 2023

The NLRB's new Representation-Case Procedures rule highlights the current Board's pro-labor stance under the Biden administration. The rule negatively impacts employer due process rights at every stage in the representation process and makes union elections occur much more quickly, perhaps even just fourteen to twenty-one days after a union requests a vote. Employers may want to consider taking proactive steps and prepare once again for "ambush elections" in 2024.
NLRB Reverts to Quick Union Elections Rules
Ogletree | Aug 2023

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